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2015 DIGILAW 366 (GAU)

PHAKHON OWARY v. STATE OF ASSAM

2015-03-25

MICHAEL ZOTHANKHUMA

body2015
Judgment Heard Mr M Kalita, counsel for the petitioner and Mr HK Mahanta, counsel for the respondent No.1. Also heard Mr N Sarma counsel for respondent Nos. 2 and 6; Mr M Bhagawati, counsel for respondent Nos. 3 and 4 and Ms GR Mahilary, counsel for respondent Nos. 5 and 7. Petitioner’s case is that after the death of his father in harness in the year 2010 he applied for appointment on compassionate ground. The petitioner has filed this writ petition due to the fact that the State Level Committee in its meeting dated 1.4.2014 has rejected the application of the petitioner on the ground that he was under qualified to be appointed as Assistant Teacher in an LP School. Petitioner’s further case is that even though he had made application for appointment as Assistant Teacher of LP School, he should have been considered for other Grade-III and Grade-IV posts for appointment on compassionate ground. In support of his contention, counsel for the petitioner has produced a copy of the order dated 30.1.2015 passed by this Court in WP(C) Nos. 5968/2013 and 4680/2014. The operative portion of the order dated 30.1.2015 reads as under: “Mr. J.P. Kachari, learned counsel for the petitioner in WP(C) No. 5968/2013 and Mr. M. Sarania, learned counsel representing the petitioner in WP(C) No. 4680/2014 submit that the OM being confined to cases for compassionate appointment as Assistant Teacher in Elementary Schools, even if the criteria laid down therein did not help the case of the petitioners, but the authority was obliged to consider their cases against any Grade-III and/or Grade-IV posts other than post of Assistant Teacher. Referring to the guiding principles for compassionate appointment as laid down in Achyut Ranjan Das Vs. State of Assam reported in 2006 (4) GLT 674 and Foziron Nessa Vs. State of Assam reported in 2010 (4) GLT 340, they submit that the respondents committed manifest error of law in not considering their cases against the post other than the post of Assistant Teacher. However, Mr. Khataniar, learned Standing Counsel, Education (Elementary) Department submits that since the petitioners had applied for appointment as Assistant Teacher, the SLC rightly rejected their cases. As regards the petitioner involved in WP(C) No. 4680/2014, Mr. However, Mr. Khataniar, learned Standing Counsel, Education (Elementary) Department submits that since the petitioners had applied for appointment as Assistant Teacher, the SLC rightly rejected their cases. As regards the petitioner involved in WP(C) No. 4680/2014, Mr. Sarania, learned counsel representing the said petitioner submits that after submission of the application for compassionate appointment, the petitioner has obtained her graduation, which was also informed to the authority and thus her case ought to have been considered for the post of Assistant Teacher as well. Irrespective of rejection on the ground of non-fulfilment of criteria laid down in the OM dated 16.5.2012, both the cases being that of compassionate appointment, their cases ought to have been considered against any other post, be it Grade-III and/or Grade-IV. In view of the above, both the writ petitions are disposed of remanding the matter back to the SLC for fresh consideration of the case of the petitioners against any Grade-III and/or Grade-IV other than posts of Assistant Teacher of Elementary School. Additionally, SLC shall also consider the subsequent development in respect of the petitioner in WP(C) No. 4680/2014. As noted above, she has already obtained graduation in 2012, after submission of the application for compassionate appointment. Let the required exercise be carried out by taking up their cases in the next SLC meeting.” In view of the order dated 30.1.2015 passed in WP(C) Nos. 5968/2013 and 4680/2014, this writ petition is disposed of with the direction that the matter regarding petitioner’s appointment on compassionate ground shall again be laid before the State Level Committee against any Grade-III or Grade-IV post other than that of Assistant Teacher. The entire exercise shall be carried out by the State Level Committee in its next meeting. Petitioner shall furnish a certified copy of this order along with a copy of the writ petition and the annexures thereto to the Chief Secretary, Assam within a period of two weeks from today. The writ petition accordingly stands disposed of. No costs.