Bapon Rabidas v. The State of Assam and 4 Ors

ORDER 16-08-2023

Heard Mr. M.J. Quadir, learned counsel for the petitioner. Also heard Mr. B. Kaushik, learned Standing Counsel, Elementary Education Department for the respondent nos. 1, 2, 4 & 5 and Mr. P. Saikia, learned Government Advocate for the respondent no.3.

¶2This petition has been filed by the petitioner praying for appointment under the compassionate scheme as his father who was a Government servant died in harness. The late father of the petitioner was a Chowkidar (Grade-IV post) in the Office of the Aranyapur M.V. School, Harishnagar. The late father of the petitioner died in harness while he was in service on 29.04.2012 leaving behind his widow, two daughters and one son including the petitioner. The petitioner, thereafter, applied for appointment on compassionate ground on

21.04.2013 to the District Elementary Education Officer, Hailakandi, Assam. The District Level Committee, Hailakandi in its meeting held on 05.10.2021 rejected the petitioner's case on the ground of lack of vacancy and also as the remaining service period of the father of the petitioner was less than 3 years as per Clause-1 of the OM dated 01.06.2015.

¶3The learned counsel for the petitioner submits that the rejection of the Page No.# 3/4 petitioner's case for compassionate appointment by the DLC was done without taking note of the provisions of Clause 15 of the OM dated 01.06.2015. As per the said provisions, the concerned authorities are required to enquire about the availability of vacancies in other departments/all departments and thereafter proceed to pass necessary orders.

¶4The learned counsel for the respondents submits that the case of the petitioner has been considered and in the absence of any vacancies, there was no other option but to reject the case of the petitioner.

¶5The learned counsels for the parties have been heard. Pleadings have been carefully perused and also the OM dated 01.06.2015. Paragraph 15 of the OM dated 01.06.2015 reads as under: "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 to the administrative Department/ Office to take up the matter with other Departments/Offices of the Government to provide at an early appointment on compassionate grounds to those in the waiting list."

¶6Upon due perusal of the OM as well as the order passed by the DLC, it is seen that the DLC by its meeting held on 05.10.2021 rejected the case of the petitioner on the ground of non-availability vacancies position under the prescribed percentage of 5% as prescribed under OM No. ABP 50/2006//Pt/182 dated 01.06.2015. While doing so, however no reference is found recorded in the said Minutes of the meeting that the case of the petitioner was considered in respect of all available vacancies in the post of Grade-IV under the 5% quota, as is required under Clause 15 of the OM dated 01.06.2015. No such finding is reflected in the minutes of the meeting. That apart the clause requiring a Page No.# 4/4 minimum of three (3) years residual service period remaining of the deceased employee, for consideration of the cases of compassionate appointment, has been set aside by the order dated 30.01.2023 passed in W.P.(C) No. 1646/2021 (Bhaskar Konwar Vs The State of Assam & Ors) by a Co-ordinate Bench.

¶7Under such circumstances, it appears that the prescription of Clause-15 of OM dated 01.06.2015 has not been adhered to by the DLC while considering the case of the petitioner in its meeting held on 16.03.2017. Accordingly, this Court is of the view that the writ petition can be closed with a direction to the DLC to reconsider the case of the petitioner in respect of any other available vacancy under the prescribed percentage of 5% quota as per the provisions of clause-15 of the OM dated 01.06.2015.

¶8To the extent it relates to the petitioner, the minutes of the meeting held on

05.10.2021 stands interfered with and set aside. The matter is remanded back to the DLC for a fresh consideration in terms of the provisions of Clause 15 of the OM dated 01.06.2015. The DLC will re-consider within 90 days upon receipt of the certified copy of this order.

¶9The writ petition stands disposed of. No order as to cost.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010219062022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6898/2022o BAPONoRABIDASo S/O-oLATEoAKLUoROBIDAS,o VILL.-oARANYAPUR,o P.O.oHARISHNAGAR,o P.S.-oKATLICHERRA,o DIST.-oHAILAKANDI,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo4oORS.o TOoBEoREPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVT.oOFoASSAM,o DEPARTMENToOFoEDUCATIONo(ELEMENTARY),o DISPUR,oGUWAHATI-06. 2:THEoDIRECTORoOFoELEMENTARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATI-19. 3:THEoDEPUTYoCOMMISSIONER oHAILAKANDIoCUMoCHAIRMANoDISTRICToLEVELoCOMMITTEE oFORoCOMPASSIONATEoAPPOINTMENT o DISTRICT-oHAILAKANDI oASSAM. 4:THEoDISTRICToELEMENTARYoEDUCATIONoOFFICER oHAILAKANDI oASSAM. 5:THEoDEPUTYoINSPECTORoOFoSCHOOLS Page No.# 2/4 HAILAKANDI ASSAM Advocate for the Petitioner : MR M J QUADIR Advocate for the Respondent : SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA