Probina Borah v. The State of Assam and 6 Ors

ORDER

23.05.2023 Shri PR Sarma, learned counsel for the petitioner. Also heard Shri SR Baruah, learned State Counsel for the respondent nos. 1 & 4 as well as Shri P. Bora, learned Standing Counsel, Elementary Education Department for the respondent nos. 2, 3 and 5 to 7.

¶2Considering the nature of the grievance and as agreed to by the parties, this writ petition is taken up for disposal at the motion stage itself. It is however to be noted that this case is at the stage of motion since November, 2022.

¶3The matter pertains to a consideration for appointment on compassionate ground.

¶4The petitioner has projected that her husband, late Dharmeswar Borah, who Page No.# 3/4 was working in the Office of the District Elementary Education Officer, Lakhimpur as an Assistant Teacher had died in harness on 26.09.2015. It is also submitted that at the time of his death, he was working as the Headmaster In-charge of the No. 2 Dhemagarh LP School.

¶5The petitioner accordingly had submitted an application on 01.02.2016 for consideration of her case for appointment on compassionate ground which was accordingly forwarded by the Block Elementary Education Officer to the Deputy Inspector of Schools, Lakhimpur vide communication dated 24.02.2016. The petitioner could learn that her case was placed before the District Level Committee which however did not consider her case.

¶6Shri Sarma, learned counsel for the petitioner submits that this Court had taken note of the instructions placed before the Court, as per which, the rejection was on the ground that the application had spent its force as per Government letter dated

20.12.2012. The learned counsel submits that the said rejection has apparently been done without any application of mind and there was no delay on the part of the petitioner to apply for such consideration and the application was lying without proper consideration before the authorities.

¶7Shri Baruah, learned State Counsel fairly submits that as per the settled law, one time consideration is mandatory which does not appear to have been done in his case as the rejection is on a technical ground which perhaps has been done without any fault on the part of the petitioner.

¶8The learned Standing Counsel of the Department has endorsed the stand of the learned State Counsel.

¶9In view of the aforesaid facts and circumstances, the present writ petition is disposed of by remanding the matter for consideration of the case of the petitioner for appointment on compassionate ground to the District Level Committee, Lakhimpur. It is however made clear that the delay should not be a ground which would come into Page No.# 4/4 the way of consideration and the consideration has to be done on merits of the applicant. Such consideration is directed to be done in the next meeting of the District Level Committee, Lakhimpur.

¶10The writ petition accordingly stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010217382022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7010/2022o PROBINAoBORAHo WIFEoOFoLATEoDHARMESWARoBORAH,o R/O-oVILLAGE-oRONGOTIoCHARIALI,o P.O.-o1oNO.oRONGATIoCHARIALI,o P.S.-oBIHPURIA,o DISTRICT-oLAKHIMPUR,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo6oORS.o REP.oBYoTHEoCHIEFoSECRETARYoCUMoCHAIRMAN,oSTATEoLEVELo SELECTIONoCOMMITTEE,oGOVT.oOFoASSAM,oDISPUR,oGUWAHATI-o781006. 2:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oELEMENTARYoEDUCATIONoDEPT. o DISPUR oGUWAHATI o781006. 3:THEoDIRECTORoOFoELEMENTARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATI-o781019. 4:THEoDEPUTYoCOMMISSIONER oLAKHIMPURoCUMoTHEoCHAIRMAN oDISTRICToLEVELoSELECTIONoCOMMITTEEoLAKHIMPURoASSAM o PINoCODE-o787001. 5:THEoDISTRICToELEMENTARYoEDUCATIONoOFFICER Page No.# 2/4 LAKHIMPUR ASSAM PIN CODE- 787001. 6:THE BLOCK ELEMENTARY EDUCATION OFFICER NARAYANPUR LAKHIMPUR ASSAM PIN CODE- 784164. 7:THE DEPUTY INSPECTOR OF SCHOOLS LAKHIMPUR NORTH LAKHIMPUR Advocate for the Petitioner : MR P R SARMA Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI