DEBASISH KHAUND vs THE STATE OF ASSAM and 8 ORS.

1.Heard Mr. R. Baruah, learned counsel for the petitioner. Also heard Mr. N. Sarma, learned standing counsel for the Elementary Education

Department as well as Ms. D. Das. Barman, learned Senior Additional Government Advocate appearing for the respondent Nos. 2, 3, 7, and 8.

The father of the petitioner, who was serving as a Senior Assistant in the office of the District Adult Education Officer, Jorhat died in harness on

03.12.2015. On his death, the petitioner submitted an application for compassionate appointment on 05.08.2016. The said application was dully

considered by the DLC of Jorhat district. As per the recommendation of the DLC dated 21.09.2016, it was recorded that 16 vacancies of Grave-IV

are available and accordingly 5% vacancy for compassionate appointment was worked out to be one vacancy. Against the said vacancy the DLC had

recommended the petitioner for the year 2016. The Additional Deputy Commissioner Jorhat, by a communication dated 21.11.2016 had dully

forwarded the DLC resolution to the District Adult Education Officer, Jorhat.

The law regarding compassionate appointment has been settled by this Court in Achyut Ranjan Das & ors â€"vs- State of Assam & ors, reported

in 2006(4) GLT 674 and Faziron Nessa and others â€"vs- State of Assam and others, reported in 2010 (4) GLT 340, wherein it was provided that

once a recommendation is made by the DLC it is incumbent upon the respondent authorities to place the same before the SLC for its further

consideration.

But in the instant case it is noticed that the Director of Non-Formal & Adult Education, Assam by a communication dated 08.02.2016 had returned

the recommendation of the DLC back to the District Adult Education Officer by observing as follows:

“You are also aware that this matter of 5% vacancy of the same category for appointment on Compassionate Ground had also been discussed in

the Review Meeting held on 24-01-2017 in the office of Directorate of Non-Formal & Adult Education, Assam, where both the District Adult

Education Officer of Sonitpur and Jorhat Districts were present. This matter of submission of the proposals for appointment of Compassionate Ground

without mentioning 5% quota by you was also discussed in this meetingâ€​

From the above, it is apparent that the Director somehow was of the view that 5% vacancy is not available. The matter was again placed before

the DLC in its meeting on 28.07.2016. In the said meeting, the DLC reiterated its earlier recommendation by providing that one post of Grade-IV is

available for compassionate appointment. Thereafter, in spite of the DLC reiterating its earlier recommendation, the Director of Non-Formal & Adult

Education had not placed the same before SLC. Although, Mr. P. Nayak, learned Standing Counsel for the Finance Department, refers to paragraphs

15 of the writ petition wherein it was stated that having no other option, the petitioner himself requested for a copy of the DLC to bring to the notice of

the Director of Non-Formal & Adult Education. Even if such statement is correct, still it cannot be a reason for the Director of Non-Formal & Adult

Education not to place the recommendation of the DLC before the SLC. But however the communication dated 03.10.2017 indicates that the District

Adult Education Officer, Jorhat, had re-submitted the DLC recommendation on 28.07.2017 to the Directorate of Non-Formal & Adult Education.

The law in this respect has been settled by this Court and as per the law laid down, there is no further provision for the Director of Non-Formal &

Adult Education to make a reassessment of the recommendation of the DLC and refuse not to act further upon it. In said view of the matter the

conduct of the Director of Non-Formal & Adult Education, Assam, is found to be contrary to the law laid down in Achyut Ranjan Das (Supra) and

Faziron Nessa and others (Supra).

In the aforesaid premises it is directed that Director will place the recommendation of the DLC dated 21.09.2016 as well as 28.07.2017 before next

available SLC. But however the act of the Director of Non-Formal & Adult Education in issuing the communication dated 08.02.2017 is deprecated to

the extent that the Director being a responsible officer had acted in the manner contrary to the law and have taken it upon himself to re-determine the

number of vacancy available, which is otherwise the duty and responsibility of the SLC and the DLC. The Director having caused an impediment to

the process of compassionate appointment by his extraneous conduct, is accordingly directed to pay a cost of Rs.2,000/- to the petitioner. The cost

amount be paid to be petitioner by the Director within a period of two weeks from the date of receipt of a certified copy of this order. In terms of the

above, the writ petition stands disposed of.