Akbal Hussain Laskar v. The State of Assam and 4 Ors

PageoNo.#o1/3 GAHC010010132022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1703/2022o AKBALoHUSSAINoLASKARo S/O-oLATEoILIASoALIoLASKAR,oVILLAGEoBARBONDoPART-I,oP.O-oBARBOND, P.S-oLALA,oDIST-oHAILAKANDI,oASSAM,oPIN-788164 VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o DEPARTMENToOFoELEMENTARYoEDUCATIONoDISPUR,oGHYo06 2:THEoDIRECTOR oOFoELEMENTARYoEDUCATION oASSAMoKAHILIPARA oGUWAHATI-19 oASSAM. 3:THEoSTATEoLEVELoCOMMITTEE oHAILAKANDI FORoCOMPASSIONATEoAPPOINTMENT oREP.oBYoITSoCHAIRMAN oTHEoCHIEFoSECRETARY oTOoTHEoGOVT.oOFoASSAM oDISPUR oGUWAHATI-781006. 4:THEoDISTRICToLEVELoCOMMITTEE oHAILAKANDI FORoCOMPASSIONATEoAPPOINTMENT oREP.oBYoITSoCHAIRMAN oTHEoDEPUTYoCOMMISSIONER oHAILAKANDI oDIST-oHAILAKANDI Page No.# 2/3 ASSAM PIN-788151 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER HAILAKANDI DIST-HAILAKANDI ASSAM PIN-78815 Advocate for the Petitioner : MR. S B LASKAR Advocate for the Respondent : SC, ELEM. EDU

BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

09/02/2023

Heard Mr. F Z Mazumder, learned counsel for the petitioner. Also heard Mr. P N Sarma, learned Standing counsel, Department of School (Elementary) Education for the respondent Nos. 1, 2 & 5 and Mr. G Pegu, learned Government Advocate, Assam for the respondent Nos. 3 & 4. Father of the petitioner, Ilias Ali Laskar, a Grade-IV employee of Bowerpar M.E. School under Lala Education Block of District-Hailakandi, a provincialized Elementary School of the State, died-in-harness on 07.06.2013. The petitioner being eligible applied before the District Elementary Education Officer, Hailakandi for his appointment to the Grade-IV post against the earmarked quota of 5% of total vacancies for his compassionate appointment. It is stated by the petitioner that the District Level Committee for compassionate appointment, Hailakandi in its meeting held on 05.10.2021 though found him eligible for such compassionate appointment, but due to non-availability of vacancy in the cadre of Grade-IV within 5% of total cadre strength, his case could not be recommended by the said DLC to the State Level Committee (SLC) for compassionate appointment, keeping his case pending for the next meeting of the said DLC and the said observation of the DLC, Hailakandi was communicated to the petitioner by Page No.# 3/3 the Deputy Commissioner-cum-Chairman of District Level Committee, Hailakandi on 11.10.2021. The respondent No. 4, DLC, Hailakandi represented by its Chairman-cum-Deputy Commissioner, Hailakandi in its affidavit filed on 20.10.2022 reiterated the facts that the DLC, Hailakandi in its meeting dated 05.10.2021 though considered the case of the petitioner, but could not recommend his name to the SLC due to non-availability of vacancy in the cadre of Grade-IV within 5% quota for compassionate appointment and accordingly, decided to place the case of the petitioner in the next meeting of the said DLC. After hearing the learned counsels for the parties and considering the entire aspect of the matter, this writ petition is disposed of directing the District Elementary Education Officer, Hailakandi to place the case of the petitioner for his compassionate appointment under the die-in-harness scheme before the DLC, Hailakandi in its next meeting in terms of its earlier decision dated

05.10.2021, noted above, if in the meanwhile, his case has not been considered by the said DLC. Petitioner shall submit a certified copy of this order along with a copy of this writ petition including the anenxures appended thereto as well as the affidavit of the respondent No. 4, DLC, Hailakandi before the District Elementary Education Officer, Hailakandi, respondent No. 5 forthwith, obtaining necessary acknowledgment from the said authority in that regard. With the above observation and direction, this writ petition stands disposed of. JUDGE Comparing Assistant