The State of Assam v. Asraful Islam

PageoNo.#o1/4 GAHC010063832024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/998/2024o THEoSTATEoOFoASSAMo REPoBYoSECRETARYoTOoTHEoGOVT.oOFoASSAM,oDEPToOFoSCHOOLo EDUCATIONoGUWAHATIoASSAM 2:oTHEoDIRECTORoOFoSECONDARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATIo19 3:oTHEoINSPECTORoOFoSCHOOLS oBONGAIGAONoDISTRICToCIRCLE oPOoANDoDISToBONGAIGAON oASSAM o78338o VERSUSo ASRAFULoISLAMo S/OoLATEoABDULoAWAL,oRESIDENToOFoVILLAGEoDUMURIAoPARToI,PSo ABHAYAPURI,oDISToBONGAIGOAN,oASSAM,o783384 2:THEoGENERALoADMINISTRATIONo(B)oDEPARTMENT oREPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM oDISPUR oGUWAHATIo781006 3:THEoSTATEoLEVELoCOMMITTEE oREPRESENTEDoBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVT.oOFoASSAM oDISPUR GUWAHATIo781006 Page No.# 2/4 4:THE DISTRICT LEVEL COMMITTEE REPRESENTED BY ITS CHAIRMAN CUM DEPUTY COMMISSIONER BONGAIGAON ASSAM 78338 Advocate for the Petitioner : MR. N J KHATANIAR Advocate for the Respondent : GA, ASSAM Linked Case : CRP/0/0 The Secretary To The Govt Of Assam And 2 Ors DEPTT OF SCHOOL EDUCATION DEPTT DISPUR GUWAHATI 6 VERSUS Asraful Islam And 3 Ors BOGAIGAON ------------ Advocate for : MR. NAYAN JYOTI KHATANIAR Advocate for : appearing for Asraful Islam And 3 Ors

BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND 05/04/2024 (M.R. Pathak, J) Heard Mr. N J Khataniar, learned Standing counsel, Education Department for the applicants.

¶2This application has been filed by the State for condonation of delay of 217 days in preferring the connected appeal against the order dated 19.06.2023 passed by the learned Single Judge in WP(C) No. 1986/2023 (Asraful Islam Vs. State of Assam and 5 Others), whereby the Court considering the common judgment and order dated 30.01.2023 passed in WP(C) No. 1646/2021 and other connected cases allowed the said writ petition setting aside the Minutes of the State Level Committee for compassionate appointment dated 23.06.2022, whereby the case of the said writ petitioner was rejected for his compassionate appointment as the father of the petitioner who died in harness had less than 3 years of service pursuant to Clause-1 of the Office Memorandum No. ABP-50/2006/Pt/182 Page No.# 3/4 dated 01.06.2015 of the State Government in the Personnel (B) Department relating to appointment on compassionate ground of the dependants of the Government employee who dies-in-harness, retires prematurely on being declared permanently incapacitated for services and who is missing and whose whereabouts is not known for the last 7 years.

¶3By the said order dated 19.06.2023 following the common judgment and order dated

30.01.2023 passed in WP(C) No. 1646/2021 and other connected cases, the learned Single Judge remanded the matter back to the State Level Committee for compassionate appointment to take a decision de-hors Clause-1 of the said Office Memorandum dated 01.06.2015.

¶4While disposing of said WP(C) No. 1986/2023 by order dated 19.06.2023, the Court also observed that appeal against the said common judgment and order dated 30.01.2023 was pending, but there was no interim stay granted by the Division Bench.

¶5It has been placed before the Court by Mr. Khataniar, learned Standing counsel, Education Department that Division Bench of this Court by an order dated 11.01.2024 passed in I.A. (Civil) No. 3787/2023 stayed the said judgment and order dated 30.01.2023 passed in WP(C) No. 3245/2021 and other connected cases, which was also part of WP(C) No. 1646/2021, noted above.

¶6The applicant State could show sufficient reason to our satisfaction for condoning the delay of 217 days in preferring the connected appeal against the order dated 19.06.2023 passed in WP(C) No. 1986/2023 following the common judgment and order dated 30.01.2023 passed in WP(C) No. 1646/2021 and other connected cases.

¶7Considering the above, the delay of 217 days in preferring the connected writ appeal by the applicant against the order dated 19.06.2023 passed in WP(C) No. 1986/2023 is hereby condoned.

¶8Registry shall accordingly register and number the connected writ appeal and shall place it before the appropriate Bench.

JUDGE JUDGE Page No.# 4/4 Comparing Assistant