Akbal Hussain Laskar and 2 Ors v. The State of Assam and 4 Ors

PageoNo.#o1/3 GAHC010200232024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5064/2024o AKBALoHUSSAINoLASKARoANDo2oORSo S/O-oLATEoILIASoALIoLASKAR,oVILLAGE-oBORBOND-I,oP.O.oBORBOND-I,o DIST.-oHAILAKANDI,oASSAM 2:oAZADoRAHMANoLASKAR oS/O-oLATEoNAZRULoHOQUEoLASKAR oVILLAGE-oBORJURAI oP.O.-oBOALIPARoBAZAR oP.S.oANDoDIST.-oHAILAKANDI oASSAM 3:oJAKARIAoIMRANoCHOUDHURY oS/O-oLATEoALAoUDDINoCHOUDHURY oVILLAGE-oRONGPURoNORTH oP.O.oRONGPURoNORTH oP.S.oANDoDISTRICT-oHAILAKANDI oASSAo VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo TOoBEoREPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVT.oOFoASSAM,oEDUCATIONo(ELEMENTARY)oDEPARTMENT,oDISPUR,o GUWAHATI-6 2:THEoSTATEoLEVELoCOMMITTEE oREPRESENTEDoBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVT.oOFoASSAM oDISPUR oGUWAHATI-6 3:THEoDIRECTORoOFoELEMENTARYoEDUCATIONoDEPARTMENT oASSAM oKAHILIPARA oGUWAHATI-19 Page No.# 2/3 4:THE DISTRICT LEVEL COMMITTEE HAILAKANDI (FOR COMPASSIONATE APPOINTMENT) REPRESENTED BY ITS CHAIRMAN/DEPUTY COMMISSIONER HAILAKANDI P.O. P.S. AND DISTRICT-HAILAKANDI ASSAM 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER CACHAR P.O. AND DISTRICT-CACHAR ASSA Advocate for the Petitioner : MR. A M BARBHUIYA, MS S R MAZARBHUIYA,MS A BEGUM,S. M. ZINNA Advocate for the Respondent : SC, ELEM. EDU, GA, ASSAM

BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK O R D E R

30.09.2024 Heard Mr. A. M. Barbhuyan, learned counsel appearing for the petitioners and Mr. S. Deori, learned Standing counsel Elementary Education Department appearing for respondent Nos. 1, 3 and 5, and Ms. D. Das Barman, learned Government Advocate, Assam, appearing for the respondent Nos. 2 and 4.

¶2The petitioners contended that the District Level Committee (DLC) for compassionate appointment, district - Hailakandi in its meeting held on

19.09.2023, recommended the name of the petitioner No. 1 against a Grade-IV post under the Inspector of Schools, Hailakandi District Circle, Hailakandi, whereas that of the petitioner Nos. 2 and 3 for the posts of Assistant Teachers under the Die-in-Harness Scheme in the Lower Primary Page No.# 3/3 Schools in Hailakandi District.

¶3Since the matter was pending before the State Level Committee (SLC) for compassionate appointment for long, the petitioners have preferred this writ petition for consideration of their case under the Die-in-Harness Scheme.

¶4In the meanwhile, the State Government in its Personnel (B) Department issued an Office Memorandum on 18.09.2024 holding that, cases for compassionate appointment on compassionate ground, to the family members of the State Government, who died in harness prior to

31.03.2017, shall not be entertained.

¶5Hence, Mr. A. M. Barbhuyan, learned counsel appearing for the petitioners on their instructions, is not pressing this writ petition at this stage, as they want to challenge the said decision of the State Government, to which the learned counsels for the respondents have no objection.

¶7Accordingly this writ petition stands dismissed, being not pressed.

¶8Liberty as prayed for so granted to the petitioners, for any such fresh cause of action.

JUDGE Comparing Assistant