JITU SARMAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) This writ appeal is directed against the order dated 7.8.2013 passed by the learned Single Judge of this High Court, whereby he has allowed WP(C) No. 5488/2008 of Respondent No.7 - Md. Zakir Hussain.

(2.) Both appellant and Respondent No.7 are handicapped persons and they applied for appointment in Grade-III post of the State Education Department. In the select list published, appellant was shown selected and thereafter, the State Government also appointed him. Aggrieved, Respondent No.7 filed WP(C) No.5488/2008 on the ground that appointment of appellant was illegal as he had secured more marks than him. The learned Single Judge of this High Court agreed with Respondent No.7 and by the impugned order dated 7.8.2013, directed for cancellation of appellant's appointment. It is, in this background, the appellant filed the present appeal.

(3.) Admittedly, in compliance of order dated 7.8.2013, Respondent No.7 has been appointed in Grade-III post. The position now is that both appellant and Respondent No.7 are working in Grade-III posts i.e. as Assistant Teachers. To be precise, the posting of appellant is as Assistant Teacher in 390 No. Barbaradi Balika L.P. School. And the State Government, as a goodwill gesture, has decided to accommodate appellant as well as Respondent No.7 as Assistant Teachers in the Education Department, essentially, because they are handicapped and removal of appellant from service, for no fault of his, will cause great hardship to him and his family. This decision of the State Government has been informed to us through Senior Additional Advocate General, Assam. The communication dated 2.2.2017 of Senior Additional Advocate General, Assam addressed to the Registrar General, Gauhati High Court, reads as under: