ABULAIS ABDULLAH MAZUMDER Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. FA Laskar, learned counsel for the petitioner, Mr. SMT. Chisti, learned counsel for the respondent No. 2 being the authorities in the Elementary Education Department of the Government of Assam and Mr. SR Barua, learned Junior Government Advocate for the respondent No. 1 and 3 respectively being the Chief Secretary of the State of Assam and the Deputy Commissioner, Cachar.

(2.) The father of the petitioner who was a Librarian in the Borkhola Anwarul Ulum Madrassa in the Cachar district, died in harness on 20/2/2013 and on his death, the petitioner submitted an application for compassionate appointment on 20/6/2014. The said application was considered in the meeting of the DLC of Cachar district in its meeting of 27/11/2015 and the DLC upon verification of the vacancies available had recommended the petitioner for a post of Assistant Teacher (FM). When the said recommendation of the DLC was placed before the SLC in its meeting of 5/6/2017, it stood rejected by stating the reason that the petitioner was under-qualified for the post of Assistant Teacher (FM). Accordingly, the SLC refers the matter back to the DLC of Cachar for considering the petitioner against a suitable post as per his qualification.

(3.) We are in complete agreement with the aforesaid view expressed by the SLC inasmuch as, if the petitioner did not have the necessary qualification for the post of Assistant Teacher (FM), the law of compassionate appointment requires his claim to be considered against any other suitable post to which the petitioner may have been duly qualified for. Accordingly, the claim of the petitioner was again placed before the DLC of Cachar district in its meeting of 27/10/2017 and by the resolution thereof, the petitioner was recommended for a post of Grade-IV.