Masuk Ahmed Barbhuiya v. The State of Assam and 4 Ors

ORDER 26-05-2023 Heard Mr. A M Barbhuiya, learned counsel for the applicant/writ petitioner and Ms. H Terangpi, learned Standing counsel, Department of School Education, Assam for the opposite party/respondent Nos. 1, 2 & 5. Also heard Mr. G Pegu, learned Government Advocate, Assam for the opposite party/respondent Nos. 3 & 4.

¶2Petitioner's father, namely, Safiqul Hoque Barbhuiya, an Assistant Teacher of Bokrihour M.V. School, a provincialised upper primary school under the Hailakandi Education Block of district-Hailakandi died in harness on 10.08.2007.

¶3Petitioner filed his application for compassionate appointment on 18.08.2007 for the post of L.P. School Teacher/Grade-IV post.

¶4However, the District Level Committee (DLC) for compassionate appointment, District-Hailakandi in its meeting held on 05.10.2021 found that the petitioner did not enclose the Next of Kin Certificate of the said deceased, namely, Safiqul Hoque Barbhuiya and accordingly, rejected the case of the petitioner for his compassionate appointment. The said decision of the DLC for compassionate appointment, Hailakandi dated 05.10.2021 was communicated to the petitioner on 11.10.2021.

¶5Being aggrieved with the same, the petitioner preferred the connected WP(C) No. 434/2022 on 18.01.2022.

¶6During the deliberation of said WP(C) No. 434/2022, it was placed before the Court by the learned Government Advocate on 29.07.2022 that the case of the petitioner was earlier considered by the DLC for compassionate appointment, Hailakandi on 30.11.2012 and in that Page No.# 4/5 meeting, the said DLC rejected the case of the petitioner.

¶7In view of the above, the petitioner on 17.11.2022 prayed for withdrawal of the connected WP(C) No. 434/2022 that was filed challenging the order of the DLC for compassionate appointment, Hailakandi dated 05.10.2021 rejecting his case for compassionate appointment on the ground of non-production of the Next of Kin Certificate of his deceased father.

¶8As the applicant/writ petitioner prayed for withdrawal of said WP(C) No. 434/2022, with liberty so that he can challenge both the decisions of the DLC for compassionate appointment, Hailakandi dated 30.11.2012 as well as dated 05.10.2021, noted above, though such prayer on behalf of the applicant/writ petitioner was accepted on 17.11.2022, however in the said order dated 17.11.2022 the Court while granting liberty to the present applicant/writ petitioner to file afresh but with the rider "as and when a new cause of action arises".

¶9Hence, the applicant/writ petitioner has filed this Interlocutory Application so as to delete the said portion, "as and when a new cause of action arises" from the said order dated

17.11.2022 passed in the connected WP(C) No. 434/2022.

¶10Perused the records of WP(C) No. 434/2022 and the order dated 17.11.2022 passed earlier in the connected WP(C) No. 434/2022.

¶11After hearing the learned counsels for the parties and considering the entire aspect of the matter, the observation made in the order dated 17.11.2022 passed in the connected WP(C) No. 434/2022 i.e. "as and when a new cause of action arises" as available in the last part of the 2nd Paragraph of the said order dated 17.11.2022 be deleted from the said order passed in the connected WP(C) No. 434/2022 and which shall not be a part of the said order any further.

¶12To that extent, the order dated 17.11.2022 passed in the connected WP(C) No. 434/2022 stands corrected.

¶13This order shall be read together with the order dated 17.11.2022 passed in said WP(C) No. 434/2022. Page No.# 5/5

¶14Accordingly, this Interlocutory Application stands allowed to the extent above.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010112492023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/1439/2023o MASUKoAHMEDoBARBHUIYAo S/OoLATEoSOFIQULoHOQUEoBARBHUIYA,oVILLAGEoCHIPORSANGANoPARTo III,oPOoCHIPORSANGAN,oPSoALGAPUR,oDISToHAILAKANDI,oASSAMo788801 VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oEDUCATIONoDEPARTMENTo(ELEMENTARY)oDISPUR,o GUWAHATIo06 2:THEoDIRECTORoOFoELEMENTARYoEDUCATION oKAHILIPARA oGUWAHATIo19 3:THEoSTATEoLEVELoCOMMITTEEo(SLC)oFORoCOMPASSIONATEo APPOINTMENT oREPRESENTEDoBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVT.oOFoASSAM oDISPURoGUWAHATIo06 4:THEoDISTRICToLEVELoCOMMITTEEo(DLC) oHAILAKANDIoFORoCOMPASSIONATEoAPPOINTMENT oREPRESENTEDoBYoTHEoDEPUTYoCOMMISSIONER oHAILAKANDI oASSAMo788151 5:THEoDISTRICToELEMENTARYoEDUCATIONoOFFICER oHAILAKANDI oASSAM Page No.# 2/5 78815 Advocate for the Petitioner : MR. S B LASKAR Advocate for the Respondent : GA, ASSAM Linked Case : WP(C)/434/2022 MASUK AHMED BARBHUIYA S/O LATE SOFIQUL HOQUE BARBHUIYA VILLAGE CHIPORSANGAN PART III PO CHIPORSANGAN PS ALGAPUR DIST HAILAKANDI ASSAM 788801 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM EDUCATION DEPARTMENT (ELEMENTARY) DISPUR GUWAHATI 06 2:THE DIRECTOR OF ELEMENTARY EDUCATION KAHILIPARA GUWAHATI 19 3:THE STATE LEVEL COMMITTEE (SLC) FOR COMPASSIONATE APPOINTMENT REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR GUWAHATI 06 4:THE DISTRICT LEVEL COMMITTEE (DLC) HAILAKANDI FOR COMPASSIONATE APPOINTMENT REPRESENTED BY THE DEPUTY COMMISSIONER HAILAKANDI ASSAM 788151 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER HAILAKANDI ASSAM Page No.# 3/5 788151 ------------ Advocate for : MR. S B LASKAR Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 4 ORS BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK