WP(C) 3267/2012. Gauhati High Court
|Case Number:||WP(C) 3267/2012|
|Judgement Date:||January 19, 2020|
|Court:||Gauhati High Court|
Appointment of family members of victim of extremist violence with respect to Service of Teachers of Provincialized Schools
IN THE GAUHATI HIGH COURT
( THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH )
Smti. Palashi Mazumdar, daughter of Late Pabitra Kr. Mazumdar, Rersident of Bijni Town Ward No.3, P.S. Bijni, District- Chirang, Pin-783390.
- Versus -
The State of Assam, (represented by the Chief Secretary to the Govt. of Assam), Assam Sachibalaya, Dispur, Guwahati-6, District- Kamrup, Assam.
Secretary to the Govt. of Assam, Relief and Rehabilitation Department, Assam Sachibalaya, Dispur, Guwahati-6, District- Kamrup, Assam.
Secretary to the Govt. of Assam, Personnel (B) Department, Assam Sachibalaya, Dispur, Guwahati-6, District- Kamrup, Assam.
Deputy Commissioner, Chirang District, Kajalgaon, PIN-783391.
Director Education, BTAD, Kokrajhar, Assam, PIN-783370.
Inspector of Schools, Chirang District, Kajalgaon, PIN-783391.
Secretary, Bodoland Territorial Council, Kokrajhar, Assam, PIN-7883370.
Bodoland Territorial Council, BTAD, Kokrajhar, PIN-789370.
(Represented by its Executive Officers)
For the Petitioner : Mr. A. Dasgupta, Sr. Adv.
Mr. A. Kundu, Adv.
WP(C) 3267/12- oral dt. 14-11-17 Page 1 of 6
For the Respondents : Ms. M. Bhattacharjee, GA, Assam.
Mr. A.K. Bhuyan, SC, BTC
THE HON’BLE MR. JUSTICE SUMAN SHYAM
Date of hearing and judgement : 14/11/2017
JUDGEMENT AND ORDER (ORAL)
Heard Mr. A. Dasgupta, learned senior counsel assisted by Mr. A. Kundu, learned counsel for the petitioner. I have also heard Ms. M. Bhattacharjee, learned Government Advocate, Assam, appearing for respondent nos. 1, 2, 3 and 4 as well as Mr. A.K. Bhuyan, learned Senior Standing Counsel, BTC, appearing for respondent nos. 5 to 8.
This is the second time the writ petitioner has approached this Court by filing the present writ petition seeking a direction for appointing her as Assistant Teacher under the existing Government scheme which provides for a beneficial measure meant for the family members of the victim killed in extremist violence.
The petitioner’s brother was admittedly killed in extremist violence and his body was recovered on 07/02/2001. At that point of time a welfare scheme in the form of “Appointment of Family Members of Persons Killed by Extremist/Terrorist Rules, 1992” was holding the field. According to the Rules of 1992, one affected candidate
from the family of a victim of extremist violence, who applies and is eligible under the norms, shall be given appointment to a...
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