RAJIB ROY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. I. Alam, learned counsel for the appellant. Also heard Ms. R.B. Bora, learned Govt. Advocate for respondent No. 3 and Mr. S. Chutia, learned Standing Counsel, Elementary Education.

(2.) This writ appeal is preferred against the order dtd. 5/6/2023 passed by the learned Single Judge in connection with WP(C) No. 2126/2023. The appellant is Rajib Roy and the respondents are the State of Assam; the Director, Elementary Education; the Deputy Commissioner; the District Elementary Officer; the Deputy Inspector of Schools and the Block Elementary Officer and are arrayed as Respondent Nos. 1, 2, 3, 4, 5 and 6 respectively.

(3.) The brief facts of the case is that the appellant is the son of Late Motilal Roy who was working as an Assistant Teacher of Umarpur M.E. School, under Block Elementary Education Officer, Badarpur Block of Karimganj district. The appellant's father died in harness on 25/11/1992. The appellant was only 3 years old when his father passed away and so he was unable to approach the respondent authority for compassionate appointment. However, his mother Smt. Asha Rani Roy submitted her application before the District Elementary Education Officer, Karimganj on 18/10/1999 for appointment on compassionate ground as a widow of the deceased employee. On 31/7/1999 another application was submitted through proper channel and on proper format as per government guidelines prevailing at that time, but the application submitted by the appellant's mother was never considered. It is submitted that as the appellant's father was the sole bread winner of the family, the appellant had to endure difficulties after his father's demise. Meanwhile, the appellant cleared his Higher Secondary Examination in the year 2010 but could not pursue further studies due to financial hardship. The appellant completed his D.El.Ed in the year 2019 from the National School of Open Schooling and is at present eligible for the post of Teacher in ME School. The appellant also belongs to the Scheduled Caste category.