Research › Search › Judgment

Gauhati High Court · body

2002 DIGILAW 198 (GAU)

Sahjahan Ali v. State of Assam and Ors.

2002-05-10

N.SURJAMANI SINGH

body2002
N.S. SINGH, J- Heard Mr B.D. Konwar, learned counsel for the petitioner, and Mr H.K. Mahanta, learned Junior Government Advocate, Assam, appearing for the State-respondents. 2. While the petitioner's father late Shah Jamal was working as Assistant Teacher in Garala Sasra ME Madrassa in the district of Barpeta, he died in harness on 9.6.1998 leaving behind the petitioner's mother, his younger brother and a sister. After the death of his father, the petitioner approached the authority concerned for his appointment on compassionate ground in terms of the related Government Policy/Circular/ Scheme and the Government was pleased to accord approval of the State Level Empowered Committee for filling up of one vacant post of Assistant Teacher in ME Madrassa under the District Elementary Education Officer, Barpeta by appointing the present petitioner vide office letter/ order dated 31.3.2001 bearing No. A(I)E-240/2001/15-A as in Annexure-F to the writ petition which is self-explanatory and the same is quoted below: "Government of Assam Education (Elementary) Department No.A(I)E-240/2001/15 dated Dispur the 31st March, 2001 To : The Director of Elementary Education, Assam, Guwahati-19. Sub : Appointment of Md. Shahjahan Ali on compassionate ground Ref: Your No. EAA.66/2000/18 dated 22.1.2001. Sir, With reference to above, I am directed to state that the Govt. of Assam is pleased to accord approval of State Level Empowered Committee for filling up of 1 (one) vacant post of Asstt. Teacher in ME Madrassa under the District Elementary Education Officer, Barpeta by appointing Md. Shahjahan Ali, son of late Shahjamal, expired teacher of Garala Sasra ME Madrassa, District Barpeta on compassionate ground subject to observance of all required formalities. This has the approval of Personnel (B) Department vide their U/O No. 964 dated 30.3.2001. Yours faithfully Sd/- (N.K. Chakravorty) Under Secy, to the Govt. of Assam Education Department." 3. In pursuance of the said Government Order, the Deputy Director, Directorate of Elementary Education, Assam, Kahilipara, Guwahati, urged the District Elementary Education Officer, Barpeta, (respondent No. 5), to appoint the petitioner as Assistant Teacher in Garala Sasra ME Madrassa on compassionate ground or in any vacant post in ME Madrassa School under his jurisdiction in compliance with the Government order mentioned above vide office order/letter dated 4.4.2001 as in Annexure-G to the writ petition which is self-explanatory and for better appreciation in the matter the same is quoted below: "Government of Assam Office of the Director of Elementary Education:: Assam. No. EAA-66/2000/21 dated Kahilipara the 4th April, 2001 To The District Elementary Education Officer, Barpeta Sub : Appointment on compassionate ground Ref: Govt. Letter No. A(I)E.240/2001/15 dated 31.3.2001 Sir, In pursuance of the Govt. letter cited above, I am directed to request you kindly to appoint Md. Shahjahan Ali, son of late Shahjamal, Asstt. Teacher, Garala Sasra ME Madrassa School on compassionate ground at any vacant post in ME Madrassa School under your jurisdiction in compliance with the Govt. order conveyed by the Govt. letter (copy enclosed) under reference. Yours faithfully Sd/- Dy. Director, Directorate of Ele. Education, Assam, Kahilipara, Guwahati-19." 4. Since the year 1998 after the death of his father, the petitioner with a hope and vision has been waiting for a job commensurate with his educational qualifications and despite the Govt. approval for his appointment to a post of Assistant Teacher in ME Madrassa and the order issued by the higher authority, namely, Deputy Director concerned for appointment of the petitioner as Assistant Teacher, the respondent No. 5 District Elementary Education Officer, Barpeta, a Subordinate Officer, failed to comply with the Government order as well as the order of his higher authority. According to me it amounts to insubordination for which the Commissioner & Secretary to the Govt. of Assam, Education Department, Dispur, is directed to take necessary legal and disciplinary action against the said respondent No. 5 for his misconduct of insubordination. 5. The main object of appointment on compassionate ground is for providing immediate rehabilitation to the dependent family members of the deceased employee from hardship and distress. What is the meaning of 'immediate relief. The Court need not to go for further explanation or it because the words itself have their volume. The Court cannot give specific direction to the appointing authority or authority concerned to appoint a person or persons on compassionate ground or under die-in-harness scheme. But it is the lawful duty of the authorities to follow and comply with their own instruction/policy/ memorandum or rules governing appointment on compassionate ground. When the authorities fail to comply with their own memorandum/policy or fail to perform their lawful duty then in that case Article 226 of the Constitution will spring up and the Court will invoke it thus compelling those authorities who fail to perform their lawful duty to do it. When the authorities fail to comply with their own memorandum/policy or fail to perform their lawful duty then in that case Article 226 of the Constitution will spring up and the Court will invoke it thus compelling those authorities who fail to perform their lawful duty to do it. The present case is a fit case where a writ of mandamus is called for as because the Government had conveyed its approval for appointment of the writ petitioner to the post of Assistant Teacher as observed above and apart from that in pursuance of the Government order, the Deputy Director had also urged his Subordinate Officer, respondent No. 5, long back i.e. on 4.4.2001 for appointment of the writ petitioner as Assistant Teacher in any vacant post in ME Madrassa under his jurisdiction, but the respondent No. 5 has been snoring over the file. Thus depriving the legitimate right of the citizens like the petitioner and it is too much on the part of the respondent No. 5. This should be looked into by the higher authority concerned. How long this poor petitioner shall wait for the order of appointment from the respondent No. 5. Despite existence of approval order and the direction for appointment from the end of the authority concerned since last more than a year, the respondent No. 5 has not paid any heed too without any justification. So far the issue pertaining to appointment on compassionate ground, the Apex Court and this Court laid down certain principles of law. 6. At this stage, I hereby recall the decision of the Apex Court rendered in Smti Sushma Gosain and others, appellant-Vs-Union of India and others, respondents reported in AIR 1989 SC 1976 wherein the Apex Court held thus: "It can be stated unequivocally that in all claims for appointment on compassionate ground, there should not be any delay in appointment. The purpose of providing appointment on compassionate ground is to mitigate the hardship due to death of the bread earner in the family. Such appointment should therefore be provided immediately to redeem the family in distress. It is improper to keep such case pending for years. The purpose of providing appointment on compassionate ground is to mitigate the hardship due to death of the bread earner in the family. Such appointment should therefore be provided immediately to redeem the family in distress. It is improper to keep such case pending for years. If there is no suitable post for appointment supernumerary post should be created to accommodate the applicant." Likewise, the Apex Court also dealt with the issue pertaining to the object of making appointment on compassionate ground which is nothing but to provide immediate sustenance to dependent family members of the deceased employee. This justification finds its place in a case between Dhall Ram, petitioner-Vs-Union of India and others, respondents reported in AIR 1999 SC 564 . 7. From the established principles of law laid down by the Apex Court, it is seen that it is the lawful duties of the State respondents/competent authority to take care of the cases pertaining to the claim for appointment on compassionate ground so as to enable the needy family members of the deceased Government employees to get the relief from its best employer like, the State of Assam. It is also made clear that the appointment on compassionate ground is not a method of recruitment but, it is a facility to provide for immediate rehabilitation of the dependent family members of the deceased employee from distress. (Talo Tama-Vs-State of AP -2001(1) GLT 508). 8. Keeping in view of the above established principle of law and the facts and circumstances of the case, I direct the respondent No. 5 to appoint the petitioner to a post of Assistant Teacher in any ME Madrassa in Barpeta District on compassionate ground by issuing necessary orders within a period of three days from the date of receipt of a certified copy of this order failing which contempt of Courts proceeding shall be initiated against him suo motu from the end of this Court. The petitioner may obtain a certified copy of this order and submit the same to the appropriate authority for doing the needful in the matter in terms of this order. Subject to the aforesaid observations & direction the writ petition stands disposed of. No costs.