SWELL ALOM LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B. Purkayashta, learned counsel for the petitioner. Also heard Mr. P. Borah, learned Standing Counsel for the Elementary Education Department appearing for the respondent no. 1, 3 and 4 and Ms. D. Das Barman, learned Addl. Senior Government Advocate appearing for the respondents no. 2 and 5.

(2.) The grievance as raised in the present proceeding by the petitioner pertains to non-consideration of his case for appointment on compassionate ground against a post commensurating to his educational qualification. The petitioner has also in this connection, presented a challenge to the decision as arrived at by the jurisdictional District Level Committee (DLC) in its meeting held on 2/2/2022, towards rejecting the case for appointment on compassionate ground of the petitioner herein.

(3.) The father of the petitioner herein Late Ala Uddin Laskar, while working as an Assistant Teacher at Sridharpur M.V. School, Cachar, Assam had died in harness on 10/9/2005. The petitioner, at the relevant point of time was studying in Class-XII; however, on the request of his family members, the petitioner submitted an application on 10/1/2006, praying for appointment on compassionate ground. It is contended by the petitioner herein that his case was considered by the jurisdictional DLC in its meeting held on 15/3/2012; however, the application of the petitioner was rejected on the ground that the same was not submitted within the period so mandated. Being aggrieved, the petitioner approached this Court by way of instituting WP(C)/5977/2021 and this Court, vide order dtd. 15/11/2021 was pleased to dispose of the said writ petition by requiring the jurisdictional DLC to examine if any vacancy is available, to which the petitioner may be qualified, as of the year 2008 and if Yes, to pass appropriate order(s) in the matter.