ASIF MOHAMMAD SOID Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. Rahman, learned counsel for the petitioner. Also heard Mr. S.M.T. Chistie, learned counsel for the respondents no. 1, 2 and 3 being the authorities under the Secondary Education Department of Government of Assam as well as Mr. B. Deori, learned counsel for the respondents no. 4 and 5 being the authorities under the DLC and SLC of Kamrup district for compassionate appointment.

(2.) The father of the petitioner who was serving as an Assistant Teacher (General) in the Hindi Vidyalay High School, Rangia died in harness on 22.11.2015. On his death, the petitioner had submitted an application for compassionate appointment. The application of the petitioner for compassionate appointment was considered by the DLC of Kamrup district in its meeting of 23.07.2016 and by the minutes thereof the petitioner was recommended against one of the vacant posts of Junior Assistant. In the minutes of the DLC, it was stated that the total cadre strength of Junior Assistant was 396 (three hundred and ninety six) and therefore, 5% thereof would be 20 (twenty). It was also worked out in the minutes of the DLC that 2 (two) candidates had already been appointed on compassionate ground and 11 (eleven) candidates were recommended by the earlier DLC of Kamrup district and therefore, it was concluded that 7 (seven) more posts of Junior Assistant were still available for compassionate appointment.

(3.) The recommendation of the DLC was placed before the SLC in its meeting dated 05.06.2017 but the SLC rejected the claim of the petitioner at Sl. No. 60 of the reject list by stating the reason that the rejection was due to non-availability of balance post.