SAFIQUL ISLAM Vs. STATE OF ASSAM AND ORS.
LAWS(GAU)-2018-1-161
HIGH COURT OF GAUHATI
Decided on January 29,2018

SAFIQUL ISLAM Appellant
VERSUS
STATE OF ASSAM And ORS. Respondents

JUDGEMENT

ACHINTYA MALLA BUJOR BARUA,J. - (1.) AND ORDER - Heard Mr. H.R Ahmed, learned counsel for the petitioner, Mr. S.M.T Chisti, learned Standing Counsel for the Elementary Education Department and Ms. D. Das Barman, learned Additional Senior Government Advocate appearing for the respondent No. 6. Considering the nature of the order that is proposed to be passed, notice at present need not be issued to the respondent No. 7.
(2.) The father of the petitioner, who was serving as a Hindi Teacher in the Kahibari Mahamilan ME School, died in harness on 02.03.2008. Upon his death, his wife namely, Nur Begum had submitted an application for compassionate appointment, but as it appears, the same was not given a due consideration under the law. Be that as it may, the petitioner, who was a minor at the time of death of his father, had submitted another application on 18.09.2017 for compassionate appointment upon attaining majority. This writ petition has been preferred on the grievance that the said application of the petitioner of 18.09.2017 had not been given a consideration by the respondent authorities.
(3.) The law in this respect has been settled by this Court in Achyut Ranjan Das and ors v. State of Assam and ors, reported in 2006(4) GLT 674 and Faziron Nessa and others v. State of Assam and others, reported in 2010 (4) GLT 340 , wherein it is held that it is incumbent upon the respondent authorities to place any application for compassionate appointment before the concerned DLC.;


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