Mehbub Hussain v. The State of Assam and 5 Ors

JUDGMENT & ORDER (ORAL)

Heard Mr. A Hussain, learned counsel for the petitioner. Also heard Mr. SMT Chistie, learned counsel for the Secondary Education Department, Government of Assam, Mr. G Pegu, learned Additional Senior Government Advocate for the Deputy Commissioner, Dhubri and Mr. A Kalita, learned counsel for the respondents in the Industries & Commerce Department, Government of Page No.# 3/4 Assam.

¶2It is noticed that this writ petition is instituted by raising the grievance that the recommendation made in favour of the petitioner had not been placed before the SLC as required under the law. We have perused the recommendation of the DLC dated 22.09.2021, wherein the DLC upon arriving at its conclusion that no vacancies are available in the office of the Inspector of Schools, DDC Dhubri had recommended the petitioner against an available Grade IV post in the office of the General Manager, DICC, Gauripur. The law in this respect is provided under Clause 15 of the OM dated 01.06.2015 which is extracted as below: 15) If sufficient vacancies are not available in any particular office to accommodate the persons in the waiting list for compassionate appointment, it is open in the Administrative Department Office to take up the matter with other Department/Offices of the Government to provide at an early appointment on compassionate grounds to those in the waiting list.

¶3The procedural requirement is that in the event a vacancy is not available in the Department where the deceased had worked, the Department concerned may explore the possibilities of there being vacancies in any other administrative department within the district and accordingly communicate with such other administrative departments. Upon undertaking such procedure, if any of the other departments are agreeing that they have a vacant post for compassionate appointment and the person can be accommodated in such department, it is Page No.# 4/4 only thereafter the DLC can make a recommendation against a vacant post in any other department. A reading of the minutes of DLC dated 22.09.2021 makes it discernible that such procedure was not duly followed by the DLC. As the petitioner seeks for a direction to place the recommendation of the DLC before the SLC and it is noticed that the DLC had not followed the proper procedure, we are of the view that it would be inappropriate to issue a direction for placing the recommendation of the DLC made in favour of the petitioner before the SLC.

¶4In view of the above, the matter stands remanded back to the DLC of Dhubri district for a fresh consideration of the application of the petitioner as per law and to follow the procedure provided under Clause 15 of the OM dated

01.06.2015 and upon following the procedure of communicating with the other administrative departments, if any of the administrative departments in the concerned district are agreeable that a vacant post exists to accommodate the petitioner, appropriate resolutions may be passed. Accordingly, the claim of the petitioner be placed before the next available DLC of Dhubri district.

¶5The writ petition stands disposed of in the above terms.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010194282023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5204/2023o MEHBUBoHUSSAINo S/O-oLATEoSHAHIDURoRAHMAN,o VILL-oJHAGRARPARoPT.-III,o P.O.-oJHAGRARPAR,o P.S.oANDoDIST.-oDHUBRI,oASSAM,o PIN-o783325. VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o INDUSTRIESoANDoCOMMERCEoDEPARTMENT,o DISPUR,oGHY-06. 2:THEoCOMMISSIONERoOFoINDUSTRIESoANDoCOMMERCE oASSAM oUDYOGoBHAWAN oBAMUNIMAIDAM o GHY-21. 3:THEoSTATEoLEVELoCOMMITTEEo(SLC) oREPRESENTEDoBYoTHEoCHIEFoSECY.oTOoTHEoGOVT.oOFoASSAM o DISPUR oGHY-6. 4:THEoDISTRICToLEVELoCOMMITTEEo(DLC) oDHUBRI oREPRESENTEDoBYoTHEoDEPUTYoCOMMISSIONER oDHUBRI o Page No.# 2/4 P.S. AND DIST.- DHUBRI ASSAM PIN- 783301. 5:THE INSPECTOR OF SCHOOLS DHUBRI DISTRICT CIRCLE DHUBRI DISTRICT- DHUBRI ASSAM PIN- 783301. 6:THE GENERAL MANAGER DISTRICT INDUSTRIES AND COMMERCE CENTRE DHUBRI GAURIPUR DIST.- DHUBRI ASSAM PIN- 783331 Advocate for the Petitioner : MD A HUSSAIN Advocate for the Respondent : SC, INDUSTRIES BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA Date : 20-09-2023