DILIP KUMAR GHOSH Vs. STATE OF ASSAM

JUDGEMENT

(1.) This instant writ appeal is preferred by the appellant herein seeking to assail the common judgment and order dtd. 22/4/2019 passed by the learned Single Bench disposing of WP(C) Nos.3798/2017 and 4039/2017.

(2.) The facts in nutshell are that the appellant herein was appointed as a LDA on honorary basis by the Governing Body of the Khagarijan College vide order dtd. 25/10/2001. Subsequently, an order dtd. 30/5/2012 was issued whereby, the appellant was appointed against the post of Laboratory Bearer which fell vacant in the college on account of retirement. Another post of LDA in the college fell vacant due to the demise of one Naren Saikia on 19/1/2015. At that stage, the appellant herein, submitted an application dtd. 18/2/2015 seeking promotion from Grade-IV to Grade-III. The Governing Body of the college drew a resolution dtd. 19/12/2015 recommending promotion of the petitioner from Grade-IV to Grade-III. The said recommendation was forwarded to the Director of Higher Education, Government of Assam, who passed a speaking order dtd. 27/2/2017 observing that the appellant incumbent had not completed 5 years of service in Grade-IV and thus, he was not eligible to be considered for promotion to Grade-III.

(3.) In the meantime, the respondent No.5 Sri Kaushik Kamal Saikia being the son of Naren Saikia, the deceased LDA, sought appointment on compassionate ground to the post which fell vacant on account of death of his father. Failing to achieve the desired result, Shri Kaushik Kamal Saikia filed a writ petition being WP(C) No.7713/2015, which was disposed of by the order dtd. 21/12/2015 directing the Inspector of Schools, Nagaon to place the case of Shri Kaushik Kamal Saikia (respondent No.5) before the District Level Committee (DLC) to be considered for appointment on compassionate basis. The DLC, processed the application andforwarded a letter dtd. 5/6/2017 to the college authorities along with a list of persons recommended to be appointed on compassionate ground. In such list, name of the respondent No.5 appeared at Sl.No.8 and he was recommended to be appointed against the post of LDA falling vacant on account of death of his father Shri Naren Saikia.