Gauhati High Court
Ibadur Rahman Laskar vs The State Of Assam And 4 Ors on 18 January, 2022
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GAHC010006222022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/263/2022
IBADUR RAHMAN LASKAR
S/O LATE GIAS UDDIN LASKAR, VILLAGE SUDARSHANPUR PART I, PO
SAMARIKUNA, PS AND DIST HAILAKANDI, ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS
TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVT. OF ASSAM, SECONDARY EDUCATION DEPARTMENT, DISPUR,
GUWAHATI 06
2:THE STATE LEVEL COMMITEEE
REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM
DISPUR
GUWAHATI 06
3:THE DIRECTOR OF SECONDARY EDUCATION DEPARTMENT
ASSAM
KAHILIPARA
GUWAHATI 19
4:THE DISTRICT LEVEL COMMITTEE
HAILAKANDI
(FOR COMPASSIONATE APPOINTMENT) REPRESENTED BY ITS
CHAIRMAN/DEPUTY COMMISSIONER
HAILAKANDI
ASSAM
5:THE INSPECTOR OF SCHOOLS
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HDC
HAILAKANDI
ASSA
Advocate for the Petitioner : MR. A M BARBHUIYA
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
18.01.2022
Heard Mr. AM Barbhuiya, learned counsel for the petitioner. Also heard Mr.
SMT Chistie, learned counsel for the respondents No.1, 3, and 5 being the
authorities under the Secondary Education Department, Government of Assam
and Mr. Girin Pegu, learned counsel for the respondents No. 2 and 4 being the
Chief Secretary to the Government of Assam and the Deputy Commissioner,
Hailakandi respectively.
2. The father of the petitioner Gias Uddin Laskar who was a regular Assamese
Language Teacher at Jamira Senior Madrassa Hailakandi died in harness on
03.09.2014 and on his death, the petitioner submitted an application for
compassionate appointment on 17.10.2014. The said application was placed
before the DLC of Hailakandi district in its meeting of 05.10.2021 and the
following order was passed:
"Application is otherwise found eligible for posting as Gr-IV staff, however, due to
not having vacancy for the cadre within 5% of total cadre strength he could not be
recommendation by DLC kept pending for next DLC."
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3. A reading of the resolution of the DLC of Hailakandi District makes it
discernible that at that relevant point of time, the DLC was of the view that 5%
of the vacancies for compassionate appointment for a Grade IV post was
unavailable and, therefore, the consideration was deferred to be placed before
the next meeting.
4. The grievance raised is that although there was a requirement to place the
claim of the petitioner before the next meeting of the DLC, but the same was
not done.
5. Mr. AM Barbhuiya, learned counsel for the petitioner refers to the provisions
of this Court in Achyut Ranjan Das and Ors. Vs. State of Assam and Ors,
reported in 2006 (4) GLT 674 in paragraph 7(IV) wherein it is provided as
extracted:
"The District Level Committee will meet once every 2(two) months on the last
Saturday of the second month."
6. In view of the aforesaid provisions, we are of the view that there is a
requirement for the DLC to meet once every two months on the last Saturday of
the second month and definitely the said period of two months is over since the
meeting of 05.10.2021 when the claim of the petitioner was earlier considered.
7. In view of the above, we remand the matter back to the DLC of Hailakandi
district to consider the claim of the petitioner for compassionate appointment as
per law and the same be placed in its next available meeting and we also
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request the Deputy Commissioner, Hailakandi to convene a meeting keeping in
mind the provisions of Section 7(IV) of the judgment in Achyut Ranjan Das
(Supra).
8. Writ petition stands disposed of in the above terms.
JUDGE
Comparing Assistant
