Decided on March 28,2018

Taufique Rahman Appellant
The State Of Assam And 3 Others Respondents


ACHINTYA MALLA BUJOR BARUA,J. - (1.) Heard Mr. P. Saikia, learned counsel for the petitioner, Mr. D. Saikia, learned Senior Additional Advocate General, appearing for the State of Assam assisted by Mr. N. Sarma, learned Standing Counsel for the Secondary Education Department, Ms. D. Das Barman, learned Additional Senior Government Advocate and Mr. M. Choudhury, learned senior counsel, who was requested by the Court to act as an Amicus Curiae.
(2.) The father of the petitioner, who was working as an Assistant Teacher in the Mohkhuli Swahid Anil Bora Memorial High School, Nagaon died in harness on 30.08.2016. On his death, the petitioner submitted an application for compassionate appointment on 22.09.2016. The said application was placed before the DLC of Nagaon district held on 26.09.2016 and the DLC had rejected the claim of the petitioner on the ground of lack of vacancy. From the minutes, it is noticed that the claim of the petitioner was considered against the post of LDA in the office of the Inspector of Schools, Nagaon. One Babita Kalita was recommended for the post of LDA and all the other 15 applications considered thereof were rejected mainly on the ground of want of vacancy although some of the applications were also rejected on some other grounds like over age, passage of time etc.
(3.) When the entire recommendation of the DLC is looked into, it is noticed that the considerations were given not only department wise, but in fact also office wise, for example, for the office of the Inspector of Schools of Nagaon, a separate consideration was given whereas for the office of the District Elementary Education Officer, Nagaon, another consideration was given. The result thereof is that the applications for compassionate appointment are considered office wise/department wise and the basis for such consideration is the office where the concerned deceased had earlier worked.;

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