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2018 DIGILAW 359 (GAU)

Sarimul Hoque Mazumder v. State of Assam

2018-02-26

ACHINTYA MALLA BUJOR BARUA

body2018
JUDGMENT & ORDER : 1. Heard Mr. R.A. Choudhury, learned counsel for the petitioner. Also heard Mr. S.P. Bhattacharjee, learned standing counsel for the Elementary Education Department as well as Ms. R.D. Bhuyan, learned counsel for the respondent Nos. 3 and 5. 2. The father of the petitioner who was a grade-IV employee in the Non-Formal Education Department of the Govt. of Assam and subsequently attached to the Office of the Deputy Inspector of School, Hailakandi, died-in-harness on 11.04.1998. 3. On his death, the petitioner upon attaining majority had submitted an application for compassionate appointment on 30.07.2007. The qualification of the petitioner is matriculation as per the certificate of the SEBA dated 23.05.2007. It is also taken note of that in the application for compassionate appointment, the petitioner had requested that he be appointed against any vacant post of grade-IV on compassionate ground. 4. The said application of the petitioner was placed before the DLC of Hailakandi in its meeting held on 30.04.2017. As per the minutes of the DLC held on 30.04.2017, the case of the petitioner which was considered for a post of Assistant Teacher in middle schools against the vacancies for the year 2015-16, was rejected for the reason of not having the requisite qualification. 5. As indicated in his application for compassionate appointment the petitioner had not applied for the post of Assistant Teacher and nor there was any requirement of the DLC to consider his case for appointment against the post of Assistant teacher. The petitioner having applied for Grade-IV post, it is taken note of that he has the required qualification for the same. Further the law of compassionate appointment is clear that an application is made for any post to which the incumbent may be duly qualified for, against which vacancies are available. 6. In such view of the matter, the Deputy Commissioner, Hailakandi is directed to place the claim of the petitioner for compassionate appointment before the next available DLC, Hailakandi District and upon it being placed, the DLC shall give due consideration to the petitioner against any vacant post to which he may be duly qualified for. Writ petition is accordingly disposed of.