HIMANGSHU KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Paul, learned counsel for the petitioner and Mr. S. Biswas, learned Standing Counsel for the Elementary Education Department, Government of Assam.

(2.) This intra-court appeal is directed against the order dated 27.05.2019 passed by the learned Single Judge in the writ petition, W.P.(C) No. 7294/2017, whereby, the writ petition filed by the appellant as the writ petitioner, was dismissed finding the same devoid of merit.

(3.) The undisputed facts that have emerged are that the father of the appellant while serving as the Head Teacher of 46 No. Bartari Lower Primary School under Chhaygaon block of Kamrup district, died in harness on 29.06.2009. The appellant thereafter on 29.07.2013, had submitted with all necessary details an application before the competent authority seeking his appointment on compassionate ground. Upon consideration of the same, the District Level Committee in its meeting held on 12.10.2015, recommended the name of the appellant along with some other candidates to the State Level Committee for consideration of his appointment on compassionate ground. But the State Level Committee after examining the proposal of the District Level Committee, had rejected the same in its meeting held on 20.07.2017. Aggrieved by such rejection, the appellant as the writ petitioner, had preferred the writ petition assailing the said decision of the State Level Committee with a further direction to remand his case before the State Level Committee for a fresh consideration on merit for a post of Assistant Teacher or in any Grade - IV post, as per the vacancy available in any school.