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2021 Supreme(Gau) 323

ACHINTYA MALLA BUJOR BARUA
Parikhit Borah S/o Late Sidananda Borah – Appellant
Versus
State Of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR. A NATH

JUDGMENT :

Heard Ms. R Devi, learned counsel for the petitioner. Also heard Mr. G Pegu, learned counsel for the respondent no.1, 2 and 4 being the authorities under the Elementary Education Department, Government of Assam and Mr. P Saikia, learned counsel for the respondent no. 3 being represented by the Deputy Commissioner, Biswanath.

2. The father of the petitioner who was served as an Assistant Teacher in Barkura LP School in Biswanath district died in harness on 21.09.2008. At the time of his death, the petitioner was a minor and sometime in the year 2014, the petitioner attained majority. Upon attaining majority the petitioner had submitted an application for compassionate appointment on 19.08.2014 which was addressed to the District Elementary Education Officer of Sonitpur district. The only grievance raised in this writ petition is that the said application for compassionate appointment made by the petitioner on 19.08.2014 had not been given its consideration as required under the law.

3. Mr. P Saikia, learned counsel for the respondent no. 3 raises an objection that firstly the father of the petitioner died sometime in the year 2008, when he was a minor and therefore, upon att

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