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2015 DIGILAW 349 (GAU)

BINOY KUMAR ROY v. STATE OF ASSAM

2015-03-23

MICHAEL ZOTHANKHUMA

body2015
Judgment Heard Mr KM Haloi, counsel for the petitioner and Ms P Bora on behalf of Mr AK Bhuyan, Standing Counsel, BTC. Also heard Mr U Choudhury, counsel for the respondent No.1. Petitioner’s case is that his father died in harness on 21/4/2008 while serving as Principal-in-Charge of Grahampur HS School under the Inspector of Schools, Kokrajhar District Circle. After the death of his father, the petitioner applied before the Inspector of Schools, Kokrajhar District Circle for appointment on compassionate ground in the month of January, 2009. To the knowledge of the petitioner, his application for compassionate appointment was placed before the DLC by the Inspector of Schools, Kokrajhar. However, the petitioner has not been given any information till date as to whether the DLC has sat and considered the application of the petitioner for appointment on compassionate ground. This Court vide order dated 23.2.2015 had directed the Standing Counsel, BTC to obtain instructions and had observed that no further time will be granted thereafter. Today, learned Standing Counsel, BTC submits that no instructions had been received by him till date. On account of the fact that the petitioner has not received any communication as to whether his application for compassionate appointment has been considered by the DLC, it is hereby directed that the Inspector of Schools, Kokrajhar District Circle shall place the petitioner’s application for compassionate appointment before the DLC, Kokrajhar for consideration of the same as per the policy laid down by the Govt. of Assam and in accordance with the decision of this Court rendered in Achyut Ranjan Das –vs- State of Assam & Ors., reported in 2006 (4) GLT 674. The decision of the DLC thereafter shall be communicated to the petitioner. The entire exercise as aforesaid shall be carried out by the Inspector of Schools, Kokrajhar District Circle and the DLC, Kokrajhar within a period of two months from the date of receipt of a certified copy of this order. If in the meantime the DLC has already considered the case of the petitioner and a decision has been taken, the same shall also be communicated to the petitioner within the period as specified above. The writ petition accordingly stands disposed of. No cost.