MD. SABIR AHMED Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N.H. Mazarbhuyan, learned counsel for the petitioner. Also heard Mr. P. Saikia, learned counsel for the respondents No.1 and 4 being the Chief Secretary and the Deputy Commissioner, Cachar respectively and Mr. A. Phukan, learned counsel for the respondents No.2, 3, 5 and 6 being the authorities under the Elementary Education Department of the Govt. of Assam.

(2.) The father of the petitioner late Makaddas Ali who was serving as the Headmaster of Kalain M.V. School, Cachar, died in harness on 22/9/2008 and on his death, the petitioner submitted an application for compassionate appointment on 27/2/2009. The said application of the petitioner was placed before the DLC on 9/6/2014 but it was rejected. Being aggrieved, WP(C) 3782/2014 was instituted, wherein an order dtd. 8/8/2014 was passed requiring the respondents to again examine the case of the petitioner in terms of the guidelines formulated in Achyut Ranjan Das and Ors. -vs- State of Assam and Ors, reported in 2006(4) GauLT 674 and Faziron Nessa and others -vs- State of Assam and others, reported in 2010 (4) GauLT 340. In response thereof, the application of the petitioner was again placed before the DLC of Cachar on 23/12/2014, wherein, it was rejected by providing "case is prior to Aug-2010 PC criteria does not arise."

(3.) No statement has been made by the petitioner that the rejection by the DLC on 23/12/2014 was assailed in any appropriate writ petition. Apart from the application made on 27/2/2009, the petitioner had submitted a further application for compassionate appointment on 19/8/2010. The application dtd. 19/8/2010 was considered by the DLC of Cachar district in its meeting of 27/11/2015 and by the resolution thereof, it was rejected on the ground of late submission of application. When the death had occurred on 22/9/2008, a subsequent application made on 19/8/2010 cannot be accepted to have made within the stipulated period and therefore, the rejection of the same on the ground of late submission cannot be faulted with. Further we also take note of that successive petition for compassionate appointment are even otherwise not entitled to be taken for any consideration.