DEBASISH KHAUND Vs. STATE OF ASSAM AND 8 ORS
LAWS(GAU)-2018-4-40
HIGH COURT OF GAUHATI
Decided on April 23,2018

Debasish Khaund Appellant
VERSUS
State Of Assam And 8 Ors Respondents

JUDGEMENT

Achintya Malla Bujor Barua, J. - (1.) Heard Mr. R. Baruah, learned counsel for the petitioner. Also heard Mr. N. Sarma, learned standing counsel for the Elementary Education Department as well as Ms. D. Das. Barman, learned Senior Additional Government Advocate appearing for the respondent Nos. 2, 3, 7, and 8.
(2.) The father of the petitioner, who was serving as a Senior Assistant in the office of the District Adult Education Officer, Jorhat died in harness on 03.12.2015. On his death, the petitioner submitted an application for compassionate appointment on 05.08.2016. The said application was dully considered by the DLC of Jorhat district. As per the recommendation of the DLC dated 21.09.2016, it was recorded that 16 vacancies of Grave-IV are available and accordingly 5% vacancy for compassionate appointment was worked out to be one vacancy. Against the said vacancy the DLC had recommended the petitioner for the year 2016. The Additional Deputy Commissioner Jorhat, by a communication dated 21.11.2016 had dully forwarded the DLC resolution to the District Adult Education Officer, Jorhat.
(3.) The law regarding compassionate appointment has been settled by this Court in Achyut Ranjan Das & ors -vs- State of Assam & ors, 2006 4 GauLT 674 and Faziron Nessa and others vs- State of Assam and others, 2010 4 GauLT 340, wherein it was provided that once a recommendation is made by the DLC it is incumbent upon the respondent authorities to place the same before the SLC for its further consideration.;


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