FARUKH ABDULLAH CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the judgment and order dtd. 27/5/2022 passed by the learned Single Judge in WP(C) No. 110/2022, the original petitioner/ appellant has preferred this intra-Court appeal.

(2.) The following facts emerge from the record of this appeal. The father of the appellant, namely, Lal Mamud Choudhury, was serving as an Assistant Teacher in Barbhita Dolorpather M.E. Madrassa, who died on 17/3/2006 due to severe illness during the course of his service. As the record unfolds, the mother of the appellant filed a representation dtd. 10/6/2016 before the respondent No.5 for appointment of her elder son, i.e. the present appellant, on compassionate ground to a Grade-IV post under the existing Die in Harness Scheme. On receipt of such representation, the respondent No.5 advised the appellant to submit his application on prescribed format. Accordingly, the appellant filed such an application.

(3.) The application for compassionate appointment was placed before the District Level Selection Committee in its meeting held on 9/9/2019. However, the said Committee did not recommend the candidature of the appellant due to want of eligible vacant post of Grade-IV. The record further indicates that being aggrieved by the said decision, the appellant/original petitioner approached this Court by way of filing a writ petition being WP(C) No.4928/2021, which came to be disposed of with an order dtd. 28/9/2021, whereby the learned Single Judge was pleased to quash and set aside the decision taken by the District Level Committee in its meeting held on 9/9/2019 and observed thus:-