GOLAPI DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. K Devi, learned counsel for the petitioner, Mr. PN Sarma, learned counsel for the respondent Nos. 1, 2, 3 and 6 being the authorities in the Elementary Education Department of the Government of Assam and Ms. DD Barman, learned Additional Senior Government Advocate for the respondent No.4 being the Deputy Commissioner, Bongaigaon and the respondent No.5 being represented by the Chief Secretary to the Government of Assam. The petitioner to implead the Director of Elementary Education, Assam as respondent no.7 and the Registry to incorporate the necessary correction in the cause title of the writ petition on the information being provided by the writ petitioner.

(2.) The husband of the petitioner, who was working as a Head Teacher of Surendra Das L.P School, died in harness on 24.10.2010 and on his death, the petitioner submitted an application for compassionate appointment on 19.01.2011. Admittedly the said application was submitted within the prescribed time limit. The application of the petitioner for compassionate appointment was considered by the DLC of Bongaigaon district in its meeting held on 24.06.2014.

(3.) While considering the application for compassionate appointment against a Grade-IV post, the DLC arrived at its factual conclusion that for the year 2012 for Grade-IV posts, the number of posts vacant was found to be three and in the remarks column, it was stated that one post can be recommended for compassionate appointment. Accordingly, the DLC found the petitioner to be eligible and recommended her for compassionate appointment against the vacancy of 2012 for the post of office Peon.