Jabin Sultana v. The State of Assam and 7 Ors

ORDER Date : 06.10.2023

Heard Mr. P.R. Sarma, learned counsel for the petitioner and Mr. G. Pegu, learned counsel for the respondents No. 1, 2, 3, 5 and 6, being the authorities in the Elementary Education Department of the Government of Assam. Also heard Ms. D.D. Barman, learned Addl. Senior Government Advocate for the respondents No. 4 and 7, being the District Commissioner, Sivasagar and the Chief Secretary to the Government of Assam, respectively. Considering the Page No.# 3/4 nature of the order proposed to be passed, the respondent No. 8, being the Headmaster of Tengapukhuri M.V. School is not required to be heard.

¶2The father of the petitioner Momtazul Islam who was an employee of Tengapukhuri M.V. School in the Sivasagar district, died in harness on

25.12.2004 and on his death, the petitioner submitted an application for compassionate appointment on 22.09.2005, the photocopy of the vernacular version of which is available as Annexure 5 page 31 to the writ petition. The vernacular version also contains the endorsement of the Headmaster of Tengapukhuri M.V. School dated 22.10.2005 and had forwarded it to the District Elementary Education Officer, Sivasagar. But in the statement of the candidates prepared by the authorities available at page 33 of the writ petition, the date of application of the petitioner had been shown to be 05.01.2006 instead of

22.09.2005.

¶3The petitioner has approached this Court that in view of the aforesaid incorrect entry of the facts regarding the date of application of the petitioner, the respondent authorities have not given a due consideration to the same, possibly on the premises that the application was filed beyond one year from the date of death of the employee.

¶4Ms. D.D. Barman, learned Addl. Senior Government Advocate for the respondents No. 4 and 7 has raised an issue that there is a possibility that the application of the petitioner may have been placed before the DLC. But a fact would remain that the said consideration also if made, must have been resulted in a negative consideration against the petitioner because of the incorrectness in the date of entry of the application of the petitioner.

¶5In view of the above, we direct the District Elementary Education Officer, Sivasagar to again place the application of the petitioner dated 22.09.2005 Page No.# 4/4 before the next available DLC of Sivasagar district for its consideration and also direct the respondent authorities to correct the date of application made by the petitioner.

¶6If the claim of the petitioner was given an earlier consideration by placing the application dated 22.09.2005, the respondents to inform the petitioner about the outcome of the same and in such event, there would be no further requirement to place it again before the DLC. Writ petition stands disposed of as indicate above.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010221062023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5856/2023o JABINoSULTANAo D/O-oLATEoMOMTAZULoISLAM,o R/O-oSANTAKoNAGAON,oP.O.oSANTAK,o P.S.-oSIMOLUGURI,oDISTRICT-oSIVASAGAR,o PINoCODE-o785687,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo7oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,o DEPARTMENToOFoELEMENTARYoEDUCATION,o DISPUR,oGUWAHATI-o781006,oASSAM. 2:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oELEMENTARYoEDUCATION oDISPUR oGUWAHATI-o781006 oASSAM. 3:THEoDIRECTORoOFoELEMENTARYoEDUCATION oKAHILIPARA oMAINoROAD o781019 o ASSAM. 4:THEoDEUPTYoCOMMISSIONERoOFoSIVASAGARoCUMoCHAIRMANo DISTRICToLEVELoCOMMITTEE oSIVASAGAR oDISTRICT-oSIVASAGAR o Page No.# 2/4 ASSAM. 5:BLOCK ELEMENTARY EDUCATION OFFICER DISTRICT- SIVASAGAR ASSAM. 6:DISTRICT ELEMENTARY EDUCATION OFFICER SIVASAGAR ASSAM. 7:THE CHAIRMAN STATE LEVEL COMMITTEE REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM DISPUR GUWAHATI- 781006 ASSAM. 8:HEADMASTER TENGAPUKHURI M.V. SCHOOL SIVASAGAR ASSAM Advocate for the Petitioner : MR P R SARMA Advocate for the Respondent : SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA