PRANAB KUMAR DAS @ PRANAB DAS Vs. STATE LEVEL COMMITTEE AND 5 ORS REPRESENTED BY ITS CHAIRMAN
LAWS(GAU)-2018-5-9
HIGH COURT OF GAUHATI
Decided on May 02,2018

Pranab Kumar Das @ Pranab Das Appellant
VERSUS
State Level Committee And 5 Ors Represented By Its Chairman Respondents

JUDGEMENT

Achintya Malla Bujor Barua, J. - (1.) Heard Mr. N. Hossain, learned counsel for the petitioner. Also heard Mr. N. Sarma, learned Standing Counsel, Elementary Education Department as well as Mr. K. Nayak, learned counsel for the respondent Nos. 1 and 4.
(2.) The father of the petitioner, who was serving as an Assistant Teacher in the 70 No. Suha L.P. School (Provincialised School) in Barpeta district, died in harness on 11.01.2013. On his death, the petitioner submitted an application for compassionate appointment on 05.04.2013. The said application was placed before the DLC of Barpeta district. The DLC considered the claim of the petitioner against the vacancy available for the year 2014. The DLC accordingly, worked out that in the year 2014, there were 143 vacancies for the post of Assistant Teachers and therefore, 5% thereof was calculated to be about 7 or 8 vacancies. In any view, the petitioner was recommended for the post of Assistant Teacher of L.P. School at serial No. 7 of the minutes dated 08.12.2015. But when the matter was placed before the SLC, the SLC in its meeting held on 20.07.2017, had rejected the claim of the petitioner by stating the reason to be lack of vacancy.
(3.) The Commissioner and Secretary to the Government of Assam, Elementary Education Department had filed in affidavit-in-opposition, wherein it was stated that the DLC in its meeting held on 08.12.2015 had recommended the case of the petitioner along with the 23 others for appointment as L.P. School Teachers against the 304 No. of vacant post that had occurred as on 2015. It was further stated that out of same, the SLC had recommended 15 candidates as per 5% admissible limit.;


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