Prasanna Rabha v. The State of Assam and 3 Ors. A

PageoNo.#o1/3 GAHC010271332023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWA/457/2023o PRASANNAoRABHAo S/O-oLATEoRANJIToRABHA,oVILL-oLAKHIPUR,oP.O.oTELEM,oDIST.-oDHEMAJIo (ASSAM),oPIN-o787061. VERSUSo THEoSTATEoOFoASSAMoANDo3oORS.oAo REPRESENTEDoBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o DISPUR,oGHY-6. 2:THEoSECRETARYoTOoTHEoGOVT.oOFoASSAM oSCHOOLoEDUCATIONo(ELEMENTARY)oDEPARTMENT oDISPUR oGUWAHATI-6. 3:THEoDISTRICToLEVELoCOMMITTEEo(DLC) oREPRESENTEDoBYoITSoCHAIRMANoCUMoDEPUTYoCOMMISSIONER oDHEMAJI o P.O.oANDoDIST.-oDHEMAJI oASSAM o PIN-o787057. 4:THEoDISTRICToELEMENTARYoEDUCATION oDHEMAJI oP.O.oANDoDIST.-oDHEMAJI o ASSAM oPIN-o787057o Page No.# 2/3

For the Appellant : Mr. D. Bhuyan, Advocate.

For the Respondent(s) : Ms. N. Das, Govt. Advocate, Assam

(Respondent Nos. 1 and 3)

: Mr. R. Mazumdar, Standing Counsel, Department of School Education. – BEFORE – HON'BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON'BLE MR. JUSTICE KARDAK ETE

19.07.2024 (Vijay Bishnoi, CJ)

This writ appeal is filed by the appellant being aggrieved with the order dated 02.06.2023 passed by the learned Single Judge in WP(C) No. 3145/2023, whereby the writ petition filed by the appellant seeking compassionate appointment, has been dismissed by the learned Single Judge on the ground that the appellant has approached the authorities concerned seeking compassionate appointment with a great delay. The learned Single Judge has taken into consideration that the father of the petitioner, who was serving as the Head Teacher in the Kemere L. P. School in the direct of Dhemaji, died in harness on 27.09.2009. However, the appellant has moved an application seeking compassionate appointment only in the year, 2017, i.e. after a long delay of 8(eight) years. After observing this, the learned Single Judge has held that the objective of the scheme of compassionate appointment is to grant immediate relief to the Page No.# 3/3 family concerned and, therefore, the 8(eight) years delay on the part of the appellant in approaching the respondents for compassionate appointment is not inconsonance with the scheme. Hence, no interference is called for. The learned counsel for the appellant, after arguing the matter for quite some time, has failed to persuade this Court to take a different view, as has been taken by the learned Single Judge. Hence, this Court finds no merit in this appeal. Accordingly, this writ appeal stands dismissed.

JUDGE CHIEF JUSTICE Comparing Assistant