NIRUPOMA NATH D/O LT SUBIR CHANDRA NATH Vs. STATE OF ASSAM AND 2 ORS
LAWS(GAU)-2018-2-69
HIGH COURT OF GAUHATI
Decided on February 26,2018

Nirupoma Nath D/O Lt Subir Chandra Nath Appellant
VERSUS
State Of Assam And 2 Ors Respondents

JUDGEMENT

Achintya Malla Bujor Barua, J. - (1.) Heard Mr. F A Laskar, learned counsel for the petitioner, Ms. D Das Barman, learned Additional Senior Government Advocate appearing for the respondent Nos. 1 and 3 and Mr. N. Sarma, learned Standing Counsel for the Education Department appearing for the respondent No.2.
(2.) The father of the petitioner, who was serving as the Headmaster of Ratanpur Tuk ME School of Hailakandi district, died in harness on 20.11.2012. On his death, the petitioner submitted an application for compassionate appointment on 17.08.2013. Although in the said application, the petitioner may have stated that the application is for a compassionate appointment against the post of Assistant Teacher of Upper Primary School, but under the law, it is for the respondent authorities to consider any application for compassionate appointment against any available vacant post, for which the person may be duly qualified for.
(3.) In the instant case, by the resolution of the DLC of Hailakandi district dated 30.12.2014, the petitioner was recommended for the post of Assistant Teacher in Middle School against four available vacancies for the year 2014, but the SLC in its meeting of 16.06.2016 had rejected the case of the petitioner and one of the grounds stated for such rejection is that the petitioner did not have the required qualification for the purpose.;


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