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2023 Supreme(Gau) 875

SANDEEP MEHTA, SUSMITA PHUKAN KHAUND
Rajib Roy, S/o. Late Motilal Roy – Appellant
Versus
State Of Assam, Represented By The Commissioner and Secretary, Elementary Education Department – Respondent


Advocates Appeared:
For the Petitioner: Mr. I. Alam.

JUDGMENT

(S.P. Khaund, J.)

1. Heard Mr. I. Alam, learned counsel for the appellant. Also heard Ms. R.B. Bora, learned Govt. Advocate for respondent No. 3 and Mr. S. Chutia, learned Standing Counsel, Elementary Education.

2. This writ appeal is preferred against the order dated 05.06.2023 passed by the learned Single Judge in connection with WP(C) No. 2126/2023. The appellant is Rajib Roy and the respondents are the State of Assam; the Director, Elementary Education; the Deputy Commissioner; the District Elementary Officer; the Deputy Inspector of Schools and the Block Elementary Officer and are arrayed as Respondent Nos. 1, 2, 3, 4, 5 and 6 respectively.

3. The brief facts of the case is that the appellant is the son of Late Motilal Roy who was working as an Assistant Teacher of Umarpur M.E. School, under Block Elementary Education Officer, Badarpur Block of Karimganj district. The appellant’s father died in harness on 25.11.1992. The appellant was only 3 years old when his father passed away and so he was unable to approach the respondent authority for compassionate appointment. However, his mother Smt. Asha Rani Roy submitted her application before the District Elementary Educati

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