Prabal Chutia v. The State of Assam and 3 Ors

ORDER Date : 08.01.2024

Heard Mr. D. Bhuyan, learned counsel for the petitioner. Also heard Mr. G. Pegu, learned Senior G.A., appearing on behalf of respondents No. 1 & 3; and Ms. Dimpy Musahary, learned standing counsel, appearing on behalf of respondents No. 2 & 4. The petitioner by way of instituting the present proceeding, has assailed the non-consideration of his case for appointment on compassionate ground. The father of the petitioner Late Ajit Kumar Chutia while serving as a Subject Teacher of Batmoria Higher Secondary School, died in harness on 29.12.2004. The petitioner, thereafter, on 15.08.2015, had submitted his application for the first time. The said application was admittedly submitted much after the period prescribed for submission of such application after the death of the government servant. Further, the Hon'ble Apex Court in its decision rendered in the case of State of W.B. v. Debabrata Tiwari & ors.[reported in (2023) SCC Online SC 219], has held that the appointment on compassionate ground, cannot be considered after a long lapse of time from the death of the government servant. Further, in the present proceeding, there is nothing brought on record to show that the petitioner or his family members were diligently following the case for compassionate appointment to one of the dependents of the government servant involved. Posed with the said facts as well as the legal position, Mr. Bhuyan, learned counsel for the petitioner, prays that he may be permitted to withdraw the present writ petition. Page No.# 3/3 Prayer is accepted. The writ petition accordingly stands dismissed on withdrawal.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010146002023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3990/2023o PRABALoCHUTIAo S/O-oLATEoAJIToKUMARoCHUTIA,o VILLAGE-oPUKIA,oP.O.-oSISSIBORGAON,o P.S.-oSILAPATHAR,o DISTRICT-oDHEMAJIo(ASSAM). VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REPRESENTEDoBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o DISPUR,oGUWAHATI-6. 2:THEoSECRETARYoTOoTHEoGOVT.oOFoASSAM oEDUCATIONo(SECONDARY)oDEPARTMENT oDISPURoGUWAHATI-6. 3:THEoDISTRICToLEVELoCOMMITTEEo(DLC) oREPRESENTEDoBYoITSoCHAIRMANoCUMoDEPUTYoCOMMISSIONER oDHEMAJI o P.O.oANDoDIST.oDHEMAJI oASSAMoPIN-o787057 4:THEoINSPECTORoOFoSCHOOLS oDHEMAJIoDISTRICToCIRCLE oDHEMAJI oP.O.oANDoDIST.-oDHEMAJI oASSAM oPIN-o78705o AdvocateoforotheoPetitionerooooo:oMR.oDoBHUYANo AdvocateoforotheoRespondento:oGA,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR