SOBINA SULTANA MAZUMDAR Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) The sole question which falls for consideration, on the facts and circumstances of this case, is whether the writ petition is hit by the principles of res judicata warranting its dismissal at the very threshold ?

(2.) The material facts of the case, as pleaded by the petitioner, are that her father, namely, the late Basir Uddin Mazumdar, died on 5-5-2000 when he was serving as Chowkidar of F.B. memorial M.E. School under the Directorate of Elementary Education, Assam. At the time of his death, the petitioner was a minor: she did not mention her date of birth in the writ petition. Be that as it may, she claims that after the date of her father, she was engaged as Chowkidar against the post held by her father on some lump sum payment basis. She for the first time applied for compassionate appointment on 25-7-2005 before the District elementary Education Officer, Hailakandi through the Block Development Education Officer, Hailakandi vide Annexures 1 & 2 to the writ petition. She was subsequently interviewed in the year 2007 for the post of Chowkidar, Grade-IV but nothing happened thereafter whereupon she approached this Court in WP(C) No. 2407 of 2012 i.e. some twelve years after the death of her father. This Court by the order dated 24-5-2012 refused to grant any relief but granted her the liberty to approach the authorities of the Education Department to pursue her case. When her representation to the Education Department apparently did not evoke positive response, she is now constrained to approach this Court again by way of this writ petition.

(3.) For better appreciation of the case, I will straightaway reproduce hereinbelow the said order passed by this Court in WP(C) No. 2407 of 2012: