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2018 DIGILAW 300 (GAU)

Mahmodur Rahman Laskar v. State of Assam

2018-02-19

ACHINTYA MALLA BUJOR BARUA

body2018
JUDGMENT & ORDER : 1. Heard Ms. L. Wazida, learned counsel for the petitioner, Mr. N. Sarma, learned Standing Counsel for the Elementary Education Department and Ms. D.Das Barman, learned Additional Senior Government Advocate appearing for the respondent Nos. 1 and 4. 2. The father of the petitioner, who was serving as a Grade-IV employee of Bikrompur Senior Madrassa of Cachar district, died in harness on 31.10.2010. On his death, the petitioner submitted an application for compassionate appointment on 19.04.2011. The said application finds place as Annexure-2 page-10 of the writ petition. Be that as it may, as the application was not given its consideration, the petitioner submitted another application on 25.06.2012, which was forwarded by the Director of Madrassa Education Assam to the Inspector of Schools, Silchar by a communication of 13.08.2012. As nothing was done, the petitioner approached this Court by way of a writ petition being WP (C) No.4132/2013, which was disposed of by the order dated 26.07.2013 requiring the respondent authorities to consider the claim of the petitioner for compassionate appointment. Thereafter, the case of the petitioner was considered by the DLC of Cachar district in its meeting held on 07.04.2015. 3. By the said resolution of 07.04.2015, the petitioner was recommended against a vacant post of Grade-IV post. But it is noticed that the date of submission of the application was recorded as 20.11.2014. Thereafter, the petitioner again approached this Court by way of writ petition WP (C) No.4647/2016, which was disposed of by the order of 27.02.2017 requiring the respondent authorities to place the case of the petitioner before the SLC. 4. It is noticed that in the order dated 27.02.2017 also, this Court had taken note of that the petitioner had submitted an application for compassionate appointment on 24.04.2011, but the same was not duly taken note of. In this writ petition, the petitioner is aggrieved by the resolution of the SLC of 20.07.2017, by which the claim was rejected on the ground that the petitioner had applied for compassionate appointment after a gap of four years from the death of his father. It is rather unfortunate that the SLC had not taken note of the earlier order of this Court of 27.02.2017, wherein it was specifically recorded that the petitioner had submitted the application for compassionate appointment on 24.04.2011. 5. It is rather unfortunate that the SLC had not taken note of the earlier order of this Court of 27.02.2017, wherein it was specifically recorded that the petitioner had submitted the application for compassionate appointment on 24.04.2011. 5. Accordingly, this writ petition is send back to the SLC for a proper consideration, firstly, by taking note of Annexure-2 page-10 application of the petitioner for compassionate appointment dated 24.04.2011, which had already been taken note of by this Court in its earlier order of 27.02.2017. The SLC is directed to consider the recommendation of the DLC by taking note of that the application was submitted on 19.04.2011, which also has the endorsement of the Superintendent of Bikrompur Senior Madrassa on 24.04.2011 and not to mechanically follow what was recorded by the DLC in its meeting held on 07.04.2015. 6. Accordingly, the case of the petitioner be again placed before the next available SLC. The Commissioner and Secretary to the Government of Assam in the Secondary Education Department shall accordingly place the matter before the next available SLC. 7. In terms of the above, the writ petition stands disposed of.