Chittaranjan Buragohain v. The State of Assam and 4 Ors

ORDER Date : 08.01.2024

Heard Mr. D. Bhuyan, learned counsel for the petitioner. Also heard Mr. G. Pegu, learned Senior Govt. Advocate, appearing on behalf of respondents No. 1 & 3; and Ms. Dimpi Musahary, learned standing counsel, Elementary Education Department, appearing on behalf of respondents No. 2, 4 & 5.

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 Khagen Buragohain while serving as the Head Teacher of Milan Primary School, died in harness on 26.09.1998. The petitioner, thereafter, on 16.02.1999, had submitted his application for the first time. The said application was purportedly not placed before the District Level Committee till date. The petitioner thereafter again submitted his applications on

25.05.2007 and 26.09.2012. Further, 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. 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.

Page No.# 3/3 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.

Prayer is accepted.

The writ petition accordingly stands dismissed on withdrawal.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010233722023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6230/2023o CHITTARANJANoBURAGOHAINo S/O-oLATEoKHAGENoBURAGOHAIN,o R/O-oVILLAGE-oRONGPURIA,o P.O.oANDoP.S.-oSIMENoCHAPORI,o DISTRICT-oDHEMAJI,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o DISPUR,oGUWAHATI-6. 2:THEoSECRETARYoTOoTHEoGOVT.oOFoASSAM oEDUCATIONo(ELEMENTARY)oDEPARTMENT oDISPURoGUWAHATI-6. 3:THEoDISTRICToLEVELoCOMMITTEEo(DLC) oREPRESENTEDoBYoITSoCHAIRMANoCUMoDEPUTYoCOMMISSIONER oDHEMAJIoP.O.oANDoDIST.-oDHEMAJI oASSAMoPIN-o787057. 4:THEoDISTRICToELEMENTARYoEDUCATIONoOFFICER oDHEMAJIoDISTRICTooDHEMAJI oP.O.oANDoDIST.-oDHEMAJI oASSAMoPIN-o787057. 5:THEoDEPUTYoINSPECTORoOFoSCHOOLS oDHEMAJIoP.O.oANDoDISTRICT-oDHEMAJI ASSAMoPIN-o787057o AdvocateoforotheoPetitionerooooo:oMR.oDoBHUYANo AdvocateoforotheoRespondento:oGA,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR