WP(C) 3267/2012. Gauhati High Court

Case Number:WP(C) 3267/2012
Judgement Date:January 19, 2020
Court:Gauhati High Court
SUMMARY

Appointment of family members of victim of extremist violence with respect to Service of Teachers of Provincialized Schools

 
FREE EXCERPT

IN THE GAUHATI HIGH COURT

( THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH )

WP(C) 3267/2012

Smti. Palashi Mazumdar, daughter of Late Pabitra Kr. Mazumdar, Rersident of Bijni Town Ward No.3, P.S. Bijni, District- Chirang, Pin-783390.

……….. Petitioner

- Versus -

  1. The State of Assam, (represented by the Chief Secretary to the Govt. of Assam), Assam Sachibalaya, Dispur, Guwahati-6, District- Kamrup, Assam.

  2. Secretary to the Govt. of Assam, Relief and Rehabilitation Department, Assam Sachibalaya, Dispur, Guwahati-6, District- Kamrup, Assam.

  3. Secretary to the Govt. of Assam, Personnel (B) Department, Assam Sachibalaya, Dispur, Guwahati-6, District- Kamrup, Assam.

  4. Deputy Commissioner, Chirang District, Kajalgaon, PIN-783391.

  5. Director Education, BTAD, Kokrajhar, Assam, PIN-783370.

  6. Inspector of Schools, Chirang District, Kajalgaon, PIN-783391.

  7. Secretary, Bodoland Territorial Council, Kokrajhar, Assam, PIN-7883370.

  8. Bodoland Territorial Council, BTAD, Kokrajhar, PIN-789370.

    (Represented by its Executive Officers)

    ………. Respondents

    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

    BEFORE

    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.

  9. 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.

  10. 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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