MINNATULLA MAZUMDER Vs. STATE OF ASSAM

JUDGEMENT

(1.) Both these writ petitions have been instituted by the same petitioner engaging different counsel. It is, however, pertinent to be mentioned that in the second writ petition, i.e, WP (C)/3115/2025, there is not even a whisper of the filing and pendency of the earlier writ petition, WP(C)/5588/2023. The subject matter involves a claim for appointment on compassionate ground.

(2.) The projected case of the petitioner, in a nutshell, is that his father, Abdul Rakib Mazumdar, who was working as a Hindi Teacher of Hussain Ahmed (Provincialized) MEM School under the District Elementary Education Officer (DEEO), Hailakandi had died in harness on 1/8/2009. The petitioner who claims to be eligible had applied for appointment on compassionate ground on 2/12/2009. However, the District Level Committee (DLC), Hailakandi had rejected the claim of the petitioner in its meeting dtd. 5/10/2021 whereafter, the petitioner had filed WP(C)/184/2022. The said writ petition was disposed of vide an order dtd. 11/1/2022, remanding the matter to the DLC to give a fresh consideration to the application of the petitioner as per law. However, after such remand, the DLC in its meeting held on 7/5/2022, had again rejected the claim of the petitioner. The petitioner had filed a first WP(C)/5588/2023 in which notice was issued on 27/9/2023.

(3.) Subsequently, the petitioner, through a different counsel, filed another writ petition, WP(C)/3115/2025 on 29/5/2025. However, as noted above, there is no disclosure of either the filing or pendency of the earlier writ petition, WP(C)/5588/2023.