MOZAHARUL ISLAM TALUKDAR Vs. STATE LEVEL COMMITTEE AND 5 ORS
LAWS(GAU)-2018-9-55
HIGH COURT OF GAUHATI
Decided on September 05,2018

Mozaharul Islam Talukdar Appellant
VERSUS
State Level Committee And 5 Ors Respondents

JUDGEMENT

Achintya Malla Bujor Barua, J. - (1.) Heard Mr. N. Hossain, learned counsel for the petitioner. Also heard Ms. R.B. Bora, learned counsel for the respondent Nos.1 and 4 as well as Mr. N. Sarma, learned Standing Counsel for the Elementary Education Department for respondent Nos.2, 3, 5 and 6.
(2.) Considering it to be a matter seeking compassionate appointment which has its own urgency and also considering the fact that the issue involved can be decided on the basis of the materials available on record, this Court deems it appropriate to take up the matter for its final consideration.
(3.) The mother of the petitioner who was serving as an Assistant Teacher at No.1616 Madhya Bhowkamari L.P. School in Barpeta District, died in harness on 20.03.2012. On her death, the petitioner submitted an application for compassionate appointment on 18.04.2012. The said application of the petitioner was placed before the DLC of Barpeta District held on 08.12.2015. By the minutes of the DLC held on 08.12.2015, the petitioner was recommended against the post of Assistant Teacher in M.E. School. The minutes of the DLC had also evaluated that for the purpose of compassionate appointment, there were eight number of vacancies of Assistant Teacher in L.P. School and accordingly, eight persons were recommended, of which the petitioner was one of them. When the recommendation of the DLC was placed before the SLC in its meeting held on 20.07.2017, the claim of the petitioner was rejected by citing the reason of lack of vacancy.;


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