WP(C) 1511/2008 BEFORE HON’BLE MR. JUSTICE RANJAN GOGOI This writ petition has been filed claiming consideration of the case of the petitioner for compassionate appointment, which consideration, according to the petitioner, has been kept pending. On 2.5.2008, the learned Standing Counsel, Education Department was requ ired to obtain instructions as to whether the case of the petitioner has been co nsidered in accordance with the directions of this Court in the case of Sri Achy ut Ranjan Das -vs- State of Assam & Ors, reported in 2006 (4) GLT 674. Time was again granted to the learned Standing Counsel, Education on 26.5.2008, 10.6.2008 and 18.6.2008. Thereafter, on 25.6.2008, the Court was informed by the learned Standing Counsel, Education that the petitioner’s case will be placed before the District Level Committee for due consideration in the first week of July, 2008. The Court, therefore, by order dated 25.6.2008 adjourned the case for a month. The case having been listed before the Court on 28.7.2008, the learned S tanding Counsel, Education prayed for further time to ascertain as to whether th e case of the petitioner has really been placed before the District Level Commit tee in the first week of July, 2008. The matter was, therefore, directed to be listed on 1.8.2008. No effective order was passed on 1.8.2008, except that the case should be listed after a month. It has, accordingly, been listed today. At the hearing today, a communication dated 5.8.2008 of the Director, El ementary Education addressed to the Commissioner & Secretary to the Govt. of Ass am (Elementary) Department has been placed before the Court. Along with the said communication, a letter of the District Elementary Education Officer, Barpeta d ated 24.6.2008 has been enclosed. The contents of the said letter dated 24.6.08 is to the following effect : Sir, In inviting a reference to the subject stated above I have the honour to inform you that the court case W.P.(C) No. 1511 filed by Rashmi Rekha Roy has been plac ed in the DLC meeting for consideration which will be held in the 1st week of Ju ly, 2008. This is for favour of your kind consideration and necessary action. . The above instructions received by the learned Standing Counsel, Educati on and placed before the Court do not indicate as to whether the case of the pet itioner was considered by the District Level Committee in the first week of July , 2008, as stated before the Court. In fact, the communication dated 24.6.2008 m erely recites the earlier decision. What has happened to the case of the petitio ner is not disclosed inspite of the repeated opportunities granted to the Depart ment as noticed earlier. The Court cannot be rendered helpless in the discharge of its constituti onal obligations by the inaction and lack of cooperation on the part of the Educ ation Department. Ways and means have to be devised by the Court to overcome suc h hurdles that may come in its way in effective dispensation of justice. In the above circumstances, this writ petition is disposed of with a direction to place the case of the petitioner before the next meeting of the District Level Commit tee of Barpeta district for consideration of the entitlement of the petitioner f or compassionate appointment. At the same time, the Court is of the view that th e conduct of the Department as revealed by the facts narrated above should not g o unnoticed by the Court. Such conduct has reflected extreme indifference on the part of the Department with regard to Court cases. In such circumstances, I am of the view that the Department should be required to pay cost of Rs. 10,000/-, which will be deposited in the High Court Legal Aid Fund. The cost amount will b e paid on behalf of the Department within two weeks from today. The writ petition shall stand disposed of in terms of the above directio ns. The written instructions placed before the Court by the learned Standing Counsel, Education be kept on record. A copy of this order be furnished to Mr MK Misra, learned Standing Couns el, Education who has requested for the same to enable him to ensure compliance of this order.