SEEMA RANI DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. KR Patgiri, learned counsel for the petitioner, Ms. DD Barman, learned Additional Senior Government Advocate for the respondent No. 1 and 3 being the Chief Secretary to the government of Assam and the Deputy Commissioner, Barpeta as well as Mr. PN Sarma, learned counsel for the respondent Nos. 2, 3 and 5 being the authorities in the Elementary Education Department of the Government of Assam.

(2.) The husband of the petitioner who was serving as a teacher of 1032 No. Damaljar LP School in the Barpeta district, died in harness on 14.12.2014. On his death, the petitioner submitted an application for compassionate appointment on 06.01.2015.

(3.) We have perused the application form of the petitioner for compassionate appointment. A reading of the said application shows that the petitioner had not specified that she had applied for a post of Assistant Teacher in a school. In the application form, she merely mentioned her own educational qualification and we have been told that the education qualification mentioned in the application form is correct on facts. The application of the petitioner was given a consideration by the DLC of Barpeta district in its meeting on 30.01.2017 and by the minutes of the DLC, she was recommended for appointment against the identified and vacant post of Assistant Teacher in a LP School. When the recommendation of the DLC was placed before the SLC in its meeting held on 20.07.2017, the claim of the petitioner stood rejected by showing the reason of lack of vacancy. The said rejection itself prima-facie appears to be arbitrary and contrary to the recommendation of the DLC inasmuch as, the DLC had recommended the petitioner against a specific identified vacant post and therefore without giving any further reason, it was incorrect on the part of the SLC to reject it by merely writing the words "lack of vacancy".