Page No.# 1/4 GAHC010203832018 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Review.Pet./38/2019 THE STATE OF ASSAM AND ANR REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, EDUCATION (ELEMENTARY) DEPTT., DISPUR, GUWAHATI 781006 2: THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-1 VERSUS SRI PRAFULLA KR. NATH S/O LATE MAHESWAR NATH, VILL. 7 NO. PUBDOLI, P.O. PHULTOLI, VIA LANKA, DIST. NAGAON, ASSAM, PIN 782446 Advocate for the Petitioner : MR. D SAIKIA, MR. A DEKA,MR. N SARMA Advocate for the Respondent : , Linked Case : WP(C)/1547/2014 PRAFULLA KUMAR NATH S/O- LT. MAHESWAR NATH VILL. and P.O.- 7 NO. PUBODALI P.O.- PHULTOLI VIA- LANKA DIST.- NAGAON ASSAM Page No.# 2/4 PIN- 782446. VERSUS THE STATE OF ASSAM AND 2 ORS REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM EDUCATION ELEMENTARY DEPTT. DISPUR GHY- 6 ASSAM. 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY- 19 ASSAM. 3:DIST. ELEMENTARY EDUCATION OFFICER NAGAON ASSAM PIN- 782441. ------------ Advocate for : MR.S NATH Advocate for : appearing for THE STATE OF ASSAM AND 2 ORS BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER 26.05.2025 Mr. P.N. Sharma, learned counsel appearing for the Review petitioner submits that the matter may be listed again on 30.05.2025 since he does not have the brief with him today. [2.] By filing this Review petition, the order dated 05.06.2017 passed in WP(C) No. 1547/2014 is sought to be reviewed. This Court had directed the respondent Page No.# 3/4 authorities to fill up the post of Chowkidar in Phultoli M.E. Madrassa School in which post, the respondent/writ petition has been working on temporary basis with effect from 24.09.2001 after the death of his father, who died in harness on 12.10.1999 while functioning as the Chowkidar. The learned counsel submits that prior to passing of the Order dated 05.06.2017, a process for filling up the post of Chowkidar in the said Madrassa had already been done and vide Order dated 29.12.2015 (Annexure - D) one Imdadul Rahman S/o Late Iamal Unddin has been appointed as Grade – IV (Chowkidar) against Phultoli M.E. Madrassa School. The said fact could not be brought to the notice of the Court at the relevant time and therefore, review has been sought. The learned counsel also submits that the case of the petitioner had received consideration by the DLC which met on 23.04.2013 and 09.01.2015. [3.] Be that as it may, the writ petitioner had not pressed for his consideration on compassionate basis, which can be seen from the order dated 05.06.2017 sought to be reviewed. Since the post concerned had already been filled up as indicated herein above, the direction of this Court for initiating the process for regular appointment and selection for the post of Chowkidar of the said School has to be recalled. It is ordered accordingly. [4.] However, it is also observed that if there are any other vacancies to which the respondent/writ petitioner can be considered, the authorities will be at liberty to Page No.# 4/4 consider the writ petitioner for being appointed to any Grade – IV post considering the experience already rendered by him in the Grade – IV post since 24.09.2001 till the post was filled up on regular basis. [5.] It may also be stated herein that notice upon the respondent/writ petitioner has been deemed to be complete as per the Lawazima Court’s order dated 01.02.2023 wherein, on a tracking postal consignment, it was shown that the notice was delivered to him on 22.11.2022. [6.] The review petition accordingly stands disposed of as allowed. JUDGE Comparing Assistant