Bhaskar Jyoti Boruah v. The State of Assam and 6 Ors

ORDER 05-04-2023 Heard Mr. R. Sarma, learned counsel for the petitioner and Mr. B. Kaushik, learned Standing Counsel, Department of School (Elementary) Education for the respondent Nos. 1 to 5. Also heard Mr. G. Bokolial, learned Government Advocate, Assam for the respondent Nos. 6 and 7. It is stated that the father of the petitioner, Tarun Boruah, Headmaster of Bhaskarjyoti Lower Primary School under Chaiduar Education Block of District - Sonitpur died in harness on 17.08.2008, leaving behind the mother of the petitioner, i.e., widow of the deceased and a son, i.e., the petitioner himself. The petitioner passed his Class-X HSLC Examination, 2009 under the Board of Secondary Education, Assam as well as Class-XII (10+2) Higher Secondary Examination in Arts under Assam Higher Secondary Education Council in the year 2011. Page No.# 3/4 Petitioner stated that he belongs to Other Backward Class Community and that on 07.11.2012 he submitted an application before the District Elementary Education Officer (DEEO), Sonitpur, Tezpur for his compassionate appointment under the die-in-harness Scheme as a Teacher. The petitioner also stated that on attaining the age of majority, he submitted the said application for his compassionate appointment on 07.11.2012 before the DEEO, Sonitpur, Tezpur, which is yet to be considered by the District Level Committee for compassionate appointment, District - Sonitpur. From his HSLC Examination passed Certificate, 2009 issued by the SEBA, annexed to this writ petition, it is seen that the date of birth of the petitioner is

10.08.1993 and as such, he attained the age of majority of 18 years on 10.08.2011. Further, he submitted his application for compassionate appointment before the DEEO, Sonitpur on 07.11.2012, which according to the petitioner is yet to be considered by the DLC for compassionate appointment, District - Sonitpur. On being enquired, the petitioner submitted that his mother is receiving family pension. Considering the above, this writ petition is disposed of at the motion stage itself, directing the petitioner to submit the certified copy of this order along with a copy of the writ petition including the Annexures appended thereto before the District Elementary Education Officer, Sonitpur, Tezpur for consideration of his case for appointment on compassionate ground under the die-in-harness Scheme of the State forthwith, obtaining necessary acknowledgement from the said authority in that regard. In the event of submitting the above by the petitioner before the District Elementary Education Officer, Sonitpur, Tezpur, respondent No.3, the said authority after obtaining necessary information from the Deputy Inspector of Schools, Sonitpur, Tezpur as well as the Block Elementary Education Officer, Chaiduar shall place the case Page No.# 4/4 of the petitioner before the District Level Committee for compassionate appointment, Sonitpur in its next meeting for necessary consideration, if not placed earlier. The DLC for compassionate appointment headed by its Chairman-cum-Deputy Commissioner, Sonitpur, Tezpur along with the other members of the said DLC shall consider the case of the petitioner for his compassionate appointment in accordance with law, the provisions of the Office Memorandum dated 01.06.2015 of the State Government in the Personnel (B) Department pertaining to 'Die-in-Harness' Scheme and by following the principles of law laid down by this Hon'ble Court in the case of Achyut Ranjan Das and others Vs. State of Assam and others, reported in 2006 (4) GLT 674, as well as in the case of Faziron Nessa Vs. State of Assam and Ors. reported in 2010 (4) GLT 340, intimating the petitioner about the outcome of his application for his compassionate appointment. With the above observation and direction, this writ petition stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010074252023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1957/2023o BHASKARoJYOTIoBORUAHo S/OoLATEoTARUNoBORUAH,oR/OoVILL-KHUTIKATIA,oP.O.-HOWAJAN,oP.S.- GOHPUR,oDIST-SONITPUR,oASSAM,oPIN-784169 VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oEDUCATIONo(ELEMENTARY)oDEPARTMENT,oDISPUR,o GUWAHATI-781006 2:THEoDIRECTORoOFoELEMENTARYoEDUCATION oASSAMoKAHILIPARA oGUWAHATI-19 3:THEoDISTRICToELEMENTARYoEDUCATIONoOFFICER oSONITPURoTEZPUR oDIST-SONITPUR oASSAM oPIN-784001 4:THEoDEPUTYoINSPECTORoOFoSCHOOLS oSONITPURoTEZPUR oDIST-SONITPUR oASSAM oPIN-784001 5:THEoDEPUTYoINSPECTORoOFoSCHOOLS oCHAIDUARoDIST-SONITPUR oASSAM oPIN-784168 6:THEoDEPUTYoCOMMISSIONER oSONITPURoTEZPUR Page No.# 2/4 DIST-SONITPUR ASSAM PIN-784001 7:THE DISTRICT LEVEL COMMITTEE FOR APPOINTMENT ON COMPASSIONATE GROUND SONITPUR DISTRICT REPRESENTED BY ITS CHAIRMAN I.E. THE DEPUTY COMMISSIONER SONITPUR TEZPUR DIST-SONITPUR ASSAM PIN-78400 Advocate for the Petitioner : MR. R SARMA Advocate for the Respondent : SC, ELEM. EDU BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK