SAHJAHAN ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. BD Konwar, learned counsel for the petitioner, and Mr.HK Mahanta, learned Junior Govt Advocate, Assam, appearing for the State-respondents.

(2.) While the petitioner's father late Shah Jamal was working as Assistant Teacher in Garala Sasra ME Madrassa in the district of Barpeta, he died-in-harness on 9.6.1998 leaving behind the petitioner's mother, his younger brother and a sister. After the death of his father, the petitioner approached the authority concerned for his appointment on compassionate ground in terms of the related Govt Policy/Circular/Scheme and the Govt was pleased to accord approval of the State Level Empowered Committee for filling up of one vacant post of Assistant Teacher in ME Madrassa under the District Elementary Education Officer, Barpeta by appointing the present petitioner vide office letter/order dated 31.3.2001 bearing No.A(I)E-240/2001/15-A as in Annexure F to the writ petition which is self explanatory and the same is quoted below:

(3.) In pursuance of the said Govt order, the Deputy Director, Directorate of Elementary Education, Assam, Kahilipara, Guwahati, urged the District Elementary Education. Officer, Barpeta, (respondent No. 5), to appoint the petitioner as Assistant Teacher in Garala Sasra ME Madrassa on compassionate ground or in any vacant post in ME Madrassa School under his jurisdiction in compliance with the Govt order mentioned above vide office order/letter dated 4.4.2001 as in Annexure G to the writ petition which is self explanatory and for better appreciation in the matter the same is quoted below: