Petitioner sought compassionate appointment as Assistant Teacher. Rejected due to lack of Grade III vacancy. Court directed re-consideration for Grade IV post citing precedents.
Petitioner directed to place case for Grade IV compassionate appointment before DLC.
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GAHC010017142017
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1774/2017
DILIP DAS 34 YEARS, S/O. LT. DHIREN DAS, R/O. VILL. SAWTALBASTI, P.O. SILIGURI, P.S. HOJAI, DIST. NAGAON, ASSAM, PIN-782435.
VERSUS
THE STATE OF ASSAM and 5 ORS. REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, EDUCATION DEPTT., DISPUR, GHY., PIN-781006, KAMRUP METROPOLITAN DISTRICT, ASSAM.
2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM
3:DISTRICT ELEMENTARY EDUCATION OFFICER
4:THE INSPECTOR OF SCHOOLS
5:THE DY. INSPECTOR OF SCHOOLS
6:BLOCK ELEMENTARY EDUCATION OFFICE
Advocate for the Petitioner : MS.J BARMAN
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Advocate for the Respondent :
ORDER
Date : 05-01-2018
BEFORE
HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
Heard Mr. N. C. Barman, learned counsel for the petitioner. Also heard Mr. K. D. Sarma, learned Government Advocate for respondent Nos. 1 and 8 as well as Mr. S. P. Bhattachayya, learned Standing Counsel, Education Department for respondent Nos. 2 to 7.
Matter relates to compassionate appointment under the “Die-in-Harness” Scheme of the State.
Petitioner’s father an Assistant Teacher Sukanta Lower Primary School under Jugijan Education Block of Nagaon district expired on 19.10.2013 while in service. The petitioner being the only son of his late father, who passed his 10+2/Higher Secondary examination in the year 2002 in 3rd division applied for his appointment on compassionate ground as an Assistant Teacher on 24.03.2013 before the Deputy Inspector of Schools, Nagaon.
The name of the petitioner was forwarded by the Deputy Inspector of Schools, Hojai, Sankardev Nagar and accordingly the case of the petitioner was placed before the DLC for compassionate appointment, Nagaon and the DLC in its meeting held on 20.02.2016 rejected the case of the petitioner for his compassionate appointment due to want of vacancy.
It is seen from the Annexures appended to the writ petition that while taking decision on 20.02.2016 by the DLC, Nagaon it found altogether vacancy of 321 numbers of Assistant Teachers under the DEEO, Nagaon and 53 applications for compassionate appointment to the post of Assistant Teacher under the “Die-in-Harness” Scheme of the State and out of 321 vacancies as per the provisions of 5% quota for compassionate appointment only 16 persons could be accommodated for compassionate appointment as Assistant Teachers under the “Die-in-Harness” Scheme and the DLC, Nagaon accordingly recommended 16 candidates after its such finding and rejected the case of the petitioner for want of vacancy.
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As per Office Memorandum of the State Government of the Personal Department of the State with regard to compassionate appointment an incumbent may be considered for his/her compassionate appointment up to the level of Grade III /Grade IV post and it is already settled that if an incumbent cannot be considered for a Grade III post for compassionate appointment, the case of such incumbent should be considered for Grade IV post.
In that view of that matter as in the present case the petitioner could not be considered for appointment in Grade III post on compassionate ground, the Deputy Inspector of Schools, Hojai, Sankardev Nagar shall again place the case of the petitioner for his compassionate appointment before the next meeting of the DLC, Nagaon to consider his case for a Grade IV post, on receipt of a certified copy of this order to be furnished by the petitioner.
Needless to say that on such presentation, the case of the petitioner for compassionate appointment under the Scheme of the State, the DLC, Nagaon shall consider the case of the petitioner in a Grade IV post in accordance with law and as per the decision of this Court in the case of Achyut Ranjan Das vs State of Assam and Ors., reported in 2006 (4) GLT 674, Faziron Nessa vs State of Assam and Ors., reported in 2010 (4) GLT 340 and Ajit Pator vs State of Assam and Ors., reported in 2009 (3) GLT 306 and the relevant Office Memorandums of the Personal Department of the State and shall communicate its outcome to the petitioner.
With the above observations and directions, this writ petition stands disposed of.
Sd/-
JUDGE
Comparing Assistant
2 issues framed by the court
Whether a petitioner rejected for compassionate appointment in Grade III due to lack of vacancy can be considered for a Grade IV post.
Whether lower posts are available for compassionate appointment when higher vacancy is exhausted.
Colour shows how this judgement treated each authority
Achyut Ranjan Das vs State of Assam and Ors.Relied on¶28
Achyut Ranjan Das vs State of Assam and Ors., reported in 2006 (4) GLT 674
Faziron Nessa vs State of Assam and Ors.Relied on¶28
Faziron Nessa vs State of Assam and Ors., reported in 2010 (4) GLT 340
Ajit Pator vs State of Assam and Ors.Relied on¶28
Ajit Pator vs State of Assam and Ors., reported in 2009 (3) GLT 306
2 provisions across 2 enactments
Dilip Das
The State of Assam
Manash Ranjan Pathak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
