Gauhati High Court
Golapi Das (Pathak) vs The State Of Assam And 5 Ors on 2 August, 2021
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GAHC010077932021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3435/2021
GOLAPI DAS (PATHAK)
W/O LATE KALYAN PATHAK
P/R VILL- DHARMAPUR P.O. ABHAYAPURI
P.S. ABHAYAPURI
DIST. BONGAIGAON, ASSAM
VERSUS
THE STATE OF ASSAM AND 5 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
ELEMENTARY EDUCATION DEPTT. DISPUR, GUWAHATI-6.
2:THE DEPUTY INSPECTOR OF SCHOOLS
ABHAYAPURI CIRCLE
DISTRICT-BONGAIGAON
ASSAM
3:THE DISTRICT ELEMENTARY EDUCATION OFFICER
BONGAIGAON
DIST. BONGAIGAON
ASSAM
4:THE DEPUTY COMMISSIONER CUM CHAIRMAN
DISTRICT LEVEL COMMITTEE
BONGAIGAON
DISTRICT- BONGAIGAON
ASSAM
5:THE STATE LEVEL COMMITTEE TO THE CHIEF SECRETARY
TO THE GOVT. OF ASSAM
DISPUR
GUWAHATI-6.
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6:THE JOINT SECRETARY TO THE GOVT. OF ASSAM
ELEMENTARY EDUCATION DEPTT. DISPUR
GUWAHATI-6
Advocate for the Petitioner : MRS. K DEVI
Advocate for the Respondent : SC, ELEM. EDU
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
Date : 02-08-2021
JUDGMENT & ORDER (ORAL)
Heard Ms. K Devi, learned counsel for the petitioner, Mr. PN Sarma, learned
counsel for the respondent Nos. 1, 2, 3 and 6 being the authorities in the
Elementary Education Department of the Government of Assam and Ms. DD
Barman, learned Additional Senior Government Advocate for the respondent
No.4 being the Deputy Commissioner, Bongaigaon and the respondent No.5
being represented by the Chief Secretary to the Government of Assam. The
petitioner to implead the Director of Elementary Education, Assam as
respondent no.7 and the Registry to incorporate the necessary correction in the
cause title of the writ petition on the information being provided by the writ
petitioner.
2. The husband of the petitioner, who was working as a Head Teacher of
Surendra Das L.P School, died in harness on 24.10.2010 and on his death, the
petitioner submitted an application for compassionate appointment on
19.01.2011. Admittedly the said application was submitted within the prescribed
time limit. The application of the petitioner for compassionate appointment was
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considered by the DLC of Bongaigaon district in its meeting held on 24.06.2014.
3. While considering the application for compassionate appointment against a
Grade-IV post, the DLC arrived at its factual conclusion that for the year 2012
for Grade-IV posts, the number of posts vacant was found to be three and in
the remarks column, it was stated that one post can be recommended for
compassionate appointment. Accordingly, the DLC found the petitioner to be
eligible and recommended her for compassionate appointment against the
vacancy of 2012 for the post of office Peon.
4. When the said recommendation of the DLC was placed before the SLC, in
its meeting of 25.06.2015, the following decision was taken:-
"There were four nos. of recommended candidates and SLC selected both
the candidates for appointment for the post of Grade-IV as mentioned below:-
(I) Sri Golapi Das
(II) Sri Arup Kr. Barman
(III) Sri Momotas Begum
(IV) Sri Anurup roy
But the SLC deferred the selection of Grade-IV staff under Bongaigaon
District for want of clarification regarding vacancy position to be ascertained by
DC concerned/DEE.
5. A reading of the recommendation of the SLC goes to show that even the
SLC had approved the recommendation made by the DLC in favour of the
petitioner, but the final decision stood deferred as because the SLC wanted a
clarification regarding the vacancy position to be ascertained by the concerned
Deputy Commissioner.
6. We have taken note of that in response thereof, the Deputy
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Commissioner, Bongaigaon by the communication dated 27.02.2018 had
provided for the vacancy position for Grade-Iv in the Bongaigaon district for the
years 2012 to 2014. But the matter did not progress any further and remained
at that stage. Being aggrieved, the present writ petition is preferred.
7. Firstly, we have taken note of that the DLC had made a clear assessment of
its own as regards the vacancy position for Grade-IV position for the year 2012.
The SLC had not given any reason in its resolution of 25.06.2015 as to why it
differs from the vacancy position arrived at by the DLC, so as to seek for a
clarification regarding the vacancy. That by itself appears to be an arbitrary act
on the part of the SLC.
8. Be that as it may, the Deputy Commissioner, Bongaigaon by the
communication dated 27.02.2018 had provided that necessary clarification and
nowhere it is indicated that no vacancies were available for the year 2012.
9. In the aforesaid circumstance, although it is the submission of Ms. DD
Barman, learned Additional Senior Government Advocate that the matter
requires to be remanded back to the SLC, but we are unable to accept the said
submission for the reason that the SLC in its resolution of 25.06.2015 had
arrived at its conclusion that two candidates had been selected by the SLC for
appointment for the post of Grade-IV in the Bongaigaon district, which included
the petitioner Golapi Das. The only reason why the aforesaid process was not
carried forward was that the SLC wanted a clarification regarding the existence
of vacancy and that too as already held hereinabove, without stating any
reason. Further, as required by the SLC, even the Deputy Commissioner had
given a clarification regarding the existence of vacancy by his communication
dated 27.02.2018.
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10. In view of the above, we deem it appropriate that the matter need not be
remanded back to the SLC once again and the ends of justice would be met if a
direction be issued to the Director of Elementary Education, Assam to issue an
appointment order in favour of the petitioner against the vacancy of Grade-IV in
the year 2012 as has been identified by the DLC as well as being reiterated by
the Deputy Commissioner in his communication dated 27.02.2018.
11. The appointment order be issued within a period of one month from the
date of receipt of a certified copy of this order.
12. In terms of the above, the writ petition stands allowed.
JUDGE
Comparing Assistant
