Ranadhir Adhikary v. The State of Assam and 5 Ors

ORDER

26.04.2023 Heard Mr. S Upadhay, learned counsel for the petitioner and Mr. P K Bora, learned Standing counsel, Department of School (Elementary) Education, Assam for the respondent Nos. 1 to 4. Also heard Mr. G Pegu, learned Government Advocate, Assam for the respondent Nos. 5 & 6.

¶2Father of the petitioner, who was an Assistant Teacher of Baruapara Government M.V. School in the district of Dhubri, died in harness on 25.02.2012.

¶3Petitioner on 17.05.2012 applied for his compassionate appointment under the Die-in-Harness Scheme of the State.

¶4As the respondent authorities did not consider his case for compassionate appointment, the petitioner preferred a writ petition being WP(C) No. 671/2015.

¶5The Court by order dated 03.05.2017 disposed of said WP(C) No. 671/2015 directing the District Elementary Education Officer, Dhubri to place the case of the petitioner before the next meeting of the District Level Committee (DLC) for Page No.# 3/4 compassionate appointment, District-Dhubri, directing the DLC, Dhubri to give due consideration to the case of the petitioner in terms of the law laid down by this Court in the case of Achyut Ranjan Das and Faziron Nessa.

¶6While the case of the petitioner was pending for consideration before the Court in said WP(C) No. 671/2015, the DLC, Dhubri on 26.05.2016 after considering the case of the petitioner for his compassionate appointment, rejected the same on the ground that the matter was pending since more than two years.

¶7Being aggrieved with the said decision of the DLC, Dhubri dated 26.05.2016, the petitioner preferred another writ petition being WP(C) No. 1554/2018, which was disposed of on 19.03.2018 in which the Court set aside the decision of the DLC, Dhubri dated 26.05.2016 passed against the petitioner rejecting his compassionate appointment and directed the DLC, Dhubri to consider the case of the petitioner afresh in its next meeting on its own merits and to pass a reasoned order thereon.

¶8Since the respondent authorities, particularly in the DLC for compassionate appointment, District-Dhubri did not take any decision regarding the claim of the petitioner for his compassionate appointment, the petitioner has preferred this writ petition.

¶9The claim of the petitioner is for appointment on compassionate ground for the post of Assistant Teacher or any Grade-IV post under the District Elementary Education Officer, District-Dhubri.

¶10During the deliberation of the matter, Mr. G Pegu, Government Advocate, Assam placed before the Court the minutes of the DLC for compassionate appointment, District-Dhubri dated 28.12.2021 and 24.01.2022.

¶11Pursuant to the order of the Court dated 19.03.2018 passed in WP(C) No. 1554/2018, the case of the petitioner was placed before the DLC, Dhubri on

28.12.2021 and the said DLC kept the case of the petitioner in abeyance due to non-availability of 5% vacancy on compassionate ground with the observation that his case will be taken up for consideration again in the next available DLC after getting the clear picture of the vacancy position from the other departments. Page No.# 4/4

¶12The case of the petitioner was again taken up for consideration by the DLC for compassionate appointment, District-Dhubri on 24.01.2022.

¶13The DLC for compassionate appointment, District-Dhubri after considering the case of the petitioner, whose case could not be considered earlier on 28.12.2021 due to lack of 5% vacancy on compassionate ground, found that even on this time the case of the petitioner cannot be considered as there is lack of vacancy. Accordingly, the said DLC rejected the claim of the petitioner for his compassionate appointment due to non availability of vacancy and pending for more than two years.

¶14Since the DLC for compassionate appointment, District-Dhubri after due verification rejected the case of the petitioner for his compassionate appointment on

24.01.2022, this writ petition being devoid of merit, stands dismissed.

¶15Copy of the minutes of the DLC for compassionate appointment, District-Dhubri dated 28.12.2021 as well as 24.01.2022 placed before the Court by Mr. Pegu, Government Advocate, Assam be kept as part of the records.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010118132022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4413/2022o RANADHIRoADHIKARYo S/O.oLT.oPURNENDUoADHIKARY,oVILL.oJHAPUSABARI,oPART-II,oP.O.o JHAPUSABARI,oP.S.oAGOMANI,oDIST.oDHUBRI,oASSAM,oPIN-783335. VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REP.oBYoSECRETARYoTOoTHEoGOVT.oOFoASSAM,oEDUCATIONo (ELEMENTARY)oDEPTT.,oDISPUR,oGUWAHATI-06. 2:THEoDIRECTORoOFoELEMENTARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATI-781019. 3:THEoDISTRICToELEMENTARYoEDUCATIONoOFFICER oDHUBRIoCIRCLE oDHUBRI oP.O.oANDoP.S.oDHUBRI oASSAM oPIN-783301. 4:THEoDEPUTYoINSPECTORoOFoSCHOOLS oDHUBRI oP.O.oANDoDIST.oDHUBRI oASSAM oPIN-783301. 5:THEoDEPUTYoCOMMISSIONERoCUMoCHAIRMAN Page No.# 2/4 DISTRICT LEVEL COMMITTEE DHUBRI P.O. AND P.S. DHUBRI ASSAM PIN-783301. 6:THE STATE LEVEL COMMITTEE REP. BY ITS CHAIRMAN DISPUR GUWAHATI-781006 Advocate for the Petitioner : MR. S UPADHAY Advocate for the Respondent : SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK