WA 196/2015. Gauhati High Court

Case NumberWA 196/2015
Judgement DateFebruary 16, 2019
CourtGauhati High Court

THE GAUHATI HIGH COURT AT GUWAHATI

(The High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh) PRINCIPAL SEAT AT GUWAHATI

Writ Appeal No.196/ 2015

  1. SRI MONUJ KACHARI @ MONUJ SONOWAL @ MONUJ KUMAR SONOWAL S/ O LATE HARI PRASAD SONOWAL,

    R/ O VI LLAGE-MECHU KACHARI , P.O. SI LAPATHAR,

    P.S. & DI STRI CT – DHEMAJI , ASSAM.

    …… Petitioner.

    -Versus-

  2. THE CHI EF SECRETARY TO THE GOVT OF ASSAM,

    DI SPUR, GUWAHATI -6.

  3. THE STATE OF ASSAM

    REP. BY THE COMMI SSI ONER & SECY. TO THE GOVT. OF ASSAM, FI NANCE DEPTT., DI SPUR, GHY- 6.

  4. THE STATE OF ASSAM

    REP. BY THE COMMI SSI ONER & SECY. TO THE GOVT. OF ASSAM, ELEMENTARY EDUCATI ON DEPTT., DI SPUR, GHY- 6.

  5. THE DY. COMMI SSI ONER CUM CHAI RMAN

    DI ST. LEVEL COMMI TTEE, DHEMAJI , ASSAM.

  6. THE DI ST. ELEMENTARY EDUCATI ON OFFI CER (DEEO)

    DHEMAJI , ASSAM.

  7. THE BLOCK ELEMENTARY EDUCATI ON OFFI CER

    SI LAPATHAR, P.O.- SI LAPATHAR, DI ST.- DHEMAJI , ASSAM.

    …Respondents.

    BEFORE

    HON’BLE MR. JUSTI CE HRI SHI KESH ROY HON’BLE MR. JUSTI CE NELSON SAI LO

    Advocate for the petitioner: Mr. M U Mahmud

    Mr. S Haque

    Advocate for the Respondents: Mr. D. Nath, Addl. Sr. Govt. Advocate &.

    Mr. N. Sarma, Standing Counsel,

    Elementary Education.

    Date of hearing & judgment: 16.02.2017.

    JUDGEMENT AND ORDER ( ORAL)

    ( Hrishikesh Roy, J ).

    Heard Mr. MU Mahmud, the learned counsel representing the appellant (writ petitioner). The respondent Nos.1 & 4 are represented by Mr. D. Nath, the learned

    Addl. Senior Govt. Advocate. The learned Standing Counsel, Elementary Education Department Mr. N. Sarma appears for the respondent Nos.3, 5 & 6.

  8. The matter pertains to a claim for compassionate appointment. The petitioner’s father Hari Prasad Sonowal died in harness on 16.12.2009, while serving as a teacher in the Silapathar Samabai Gaon L.P. School in Dhemaji District. As the only son of the deceased, the petitioner applied for compassionate appointment on

    27.1.2010 and the same was placed for consideration before the District Level Committee (in short ‘the DLC’), on 27.6.2011 (page-40), under the chairmanship of

    the DC, Dhemaji.

  9. The district committee examined the pending applications for compassionate appointment and recommended the writ petitioner Monuj Kr. Sonowal, for the post of L.P. School Teacher, for further consideration of the State Level Committee (in short ‘the SLC’). As per procedure, the recommendations from various district committees were considered by the SLC, which met on 1.4.2014, but on account of inadequate...

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