Decided on April 27,2018

Dwipen Chandra Kalita Appellant
State Of Assam And 3 Ors Respondents


Achintya Malla Bujor Barua, J. - (1.) Heard Ms. K Devi, learned counsel for the petitioner. Also heard Mr. N Sarma, learned Standing counsel Secondary Education Department.
(2.) The father of the petitioner, who was working as a Grade IV in the PR Govt. HS and MP School, Goalpara died in harness on 31.08.1996. On his death, the petitioner, who at that relevant point of time was duly qualified for applying for a Government job submitted an application for compassionate appointment, through the Inspector of Schools, Goalpara praying for appointment against any Grade IV vacant post. In response thereof, the Under Secretary to the Govt. of Assam in the Education Department by the communication dated 16.02.1999 addressed to the Inspector of Schools, Goalpara had informed that the Govt. of Assam had approved the appointment of the petitioner to a Grade IV post on compassionate ground subject to fulfillment of all terms and conditions of Office Memorandum dated 09.09.1998. It is not the case of the respondents that the petitioner does not fulfill any terms or conditions of the said Memorandum. But be that as it may, no appointment was made in favour of the petitioner.
(3.) The petitioner approached this Court by way of WP(C)No.8739/2001 which was disposed of by the order dated 21.12.2001, requiring the petitioner to be appointed if any vacant post exists. A communication of the Inspector of Schools, Goalpara dated 01.11.2007 exists on record, which was addressed to the Director of Secondary Education Assam stating that the then Inspector was not aware as to why the earlier Inspector had not appointed the petitioner at the relevant point of time. Another communication dated 03.03.2008 from the Director of Secondary Education, Assam addressed to the Commissioner and Secretary to the Govt. of Assam in the Secondary Education Department is also available on record, wherein it was clearly stated that the Government had already accorded approval for appointment of the petitioner on compassionate ground as per the Government letter dated 16.02.1999. The said communication also states that it is not known to the Director as to why the concerned Inspector of School had not appointed the petitioner against a vacant post in the PR Government Higher Secondary and MP School.;

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