Kamal Gohain v. The State of Assam and 3 Ors

ORDER

02.02.2023 Heard Dr. B N Gogoi, learned counsel for the petitioner and Mr. P N Sarma, learned Standing counsel, Department of School (Elementary) Education, Assam for the respondent Nos. 1, 2 & 4. Also heard Ms. D Das Barman, learned Government Advocate, Assam for the respondent No. 3. It is stated by the petitioner that his father, Kuleswar Gohain, an Assistant Teacher at Ghilamara Town High School, District–Lakhimpur died in harness on

01.03.2009 and that he applied for his compassionate appointment as an Assistant Teacher in Lower Primary School within the stipulated time in terms of the Office Memorandum No. ABP50/2006/Pt/182 dated 01.06.2015 of the State Government in the Personnel (B) Department. As the case of the petitioner for his compassionate appointment has not been considered, he approached the authorities concerned. During such approach, he came to know that the Additional Deputy Commissioner, Lakhimpur by communication No. LPE.5/2022/2 dated 07.03.2022 informed all the Heads of the Departments including the District Elementary Education Officer, Lakhimpur, North-Lakhimpur informing that the meeting of the District Level Committee for the purpose of appointment on compassionate ground shall be held after the U.L.B (Urban Local Bodies) Election, 2022 and by the said letter the Additional Deputy Commissioner, Lakhimpur requested the District Elementary Education Officer (DEEO), Lakhimpur to submit the pending proposals prior to 01.04.2017, if any, along with vacancy positions of Grade III and Grade IV to him within the stipulated time. On perusal of the Annexures appended to the additional affidavit file by the petitioner on 21.12.2022, it is seen that after the death of his father, on 28.04.2009 he Page No.# 3/4 submitted his application for compassionate appointment before the Inspector of Schools, Lakhimpur District Circle, Lakhimpur through the Headmaster of said Ghilamara Town High School, District–Lakhimpur, as per the format at the relevant point of time. It is also seen that the Headmaster of said Ghilamara Town High School on

27.04.2009 duly forwarded the application of the petitioner to the Inspector of Schools, Lakhimpur, North-Lakhimpur, which was duly received by the Inspector of Schools, Lakhimpur on 23.10.2009. In this regard, the petitioner has relied on the decisions in the case of N.C. Santoshi -Vs-State of Karnataka, reported in (2020) 7 SCC 617 and in the case of Malaya Nanda Sethy -Vs-State of Orissa & Ors. (Civil Appeal No. 4103/2022). Considering the above, the Court is of the view that if in the meanwhile, the case of the petitioner has not been placed before the District Level Committee for compassionate appointment, District-Lakhimpur by the Inspector of Schools, Lakhimpur District Circle, Lakhimpur, the said authority shall do the needful to place the case of the petitioner before the next meeting of the DLC for compassionate appointment, Lakhimpur, intimating the petitioner about the outcome of the same. It is also made clear, in the meanwhile, if the case of the petitioner had been considered by the DLC for compassionate appointment, District-Lakhimpur, the petitioner shall be intimated about its said decision. The respondent authorities, while considering the case of the petitioner for his compassionate appointment shall comply with the decisions of this Court in the cases of Achyut Ranjan Das & Ors -Vs.- State of Assam and Ors; reported in 2006 (4) GLT 674, Faziron Nessa and Ors. -Vs.- State of Assam and Ors; reported in 2010 (4) GLT 340, Ajit Pator & Ors. -Vs-State of Assam and Ors; reported in 2009 (3) GLT 306 and other relevant Office Memorandum of the State Government regarding compassionate appointment. The petitioner shall submit the certified copy of this order, copy of this writ petition including the Annexures appended thereto, copy of the affidavit filed in this Page No.# 4/4 petition including the Annexures appended thereto before the Inspector of Schools, Lakhimpur District Circle, Lakhimpur forthwith, obtaining necessary acknowledgment from the said authority in that regard. With the above observation and direction, this writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010051462022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:ooWP(C)/4517/2022 KAMALoGOHAIN S/OoLATEoKULESWARoGOHAIN oR/OoVILL-CHINAIoGOHAINoGAON oP.O.oANDoP.S.-GHILAMARA oDIST-LAKHIMPUR oASSAM oPIN-787053 oVERSUS THEoSTATEoOFoASSAMoANDo3oORS REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM oELEMENTARYoEDUCATIONoDEPARRMENT oJANATAoBHAWAN oDISPUR oGUWAHATI-05 oASSAM 2:THEoDIRECTORoOFoELEMENTARYoEDUCATION oASSAM KAHILIPARA oGUWAHATI-19 o3:THEoDEPUTYoCOMMISSIONER oLAKHIMPUR ASSAM o4:THEoDISTRICToELEMENTARYoEDUCATIONoOFFICER oLAKHIMPUR DIST-LAKHIMPUR oASSAM o------------ oAdvocateoforo:oDR.oBoNoGOGOI Page No.# 2/4 Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM AND 3 ORS BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK