Decided on November 26,2018

Bidyut Basumatary Appellant
State Of Assam And 5 Ors Respondents


Achintya Malla Bujor Barua, J. - (1.) Heard Mr. S Bora, learned counsel for the petitioner, Ms. RB Bora, learned State Counsel appearing for the respondent Nos. 1, 3 and 4 as well as Mr. SP Bhattacharjee, learned Standing Counsel for the Elementary Education Department.
(2.) The mother of the petitioner late Latika Basumatary, who was working as an Assistant Teacher of 253 No. Bhethuya LP School, died in harness on 18.10.2011. Upon her death, the petitioner submitted an application for compassionate appointment on 20.03.2012. The said application of the petitioner was placed before the DLC of Barpeta on 14.09.2012. By the resolution of 14.09.2012, the DLC determined that one vacancy was available for compassionate appointment in the Grade-III Assistant Teacher in ME School for Science. Against the vacancy so evaluated, the petitioner was recommended by providing that he had applied within a period of one year and has the required qualification of 45% marks. The DLC also took into account that the petitioner being a Schedule Tribe candidate, he is entitled to 5% relaxation in respect of the eligibility marks and accordingly, in his case, the required qualification would be 45% in the qualifying examination.
(3.) When the said recommendation of the DLC was placed before the SLC, it was rejected on the ground of there being lack of vacancy. When the matter was heard earlier, an objection was raised that the vacancy indicated by the DLC was the total vacancy and not the vacancy available for compassionate appointment. To that extent, an affidavit was required to be filed by the authorities in the DLC. As per the affidavit of the Additional Deputy Commissioner, Barpeta dated 09.10.2018, the vacancy indicated by the DLC is a vacancy for compassionate appointment and not the total vacancy. In paragraph-6 of the affidavit of the Additional Deputy Commissioner, the total vacancies available for the given year in the Barpeta district is indicated, which clearly reveals that the total vacancies were more than one for the relevant period.;

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