Md. Nurul Islam vs State Of Assam And 2 Ors

Heard Mr. SA Hussain, learned counsel for the petitioner. Also heard Mr. B Kaushik, learned counsel for the Elementary Education Department,

Government of Assam and Ms. DD Barman, learned counsel for the respondent No.2 being the Deputy Commissioner Bongaigaon.

The father of the petitioner Late Ashraf Ali who was working as the Headmaster of Majer Alga Neheru Memorial LP School died in harness on

13.08.2013. On his death, the petitioner submitted an application for compassionate appointment on 08.11.2013. It is stated that the said application

was placed before the DLC of Bongaigaon district in its meeting of 24.06.2014 and by a resolution in the said meeting, it was provided that the claim

of the petitioner could not be recommended due to lack of vacancy. It was also provided that under the law, the application was required to be carried

forward for two years and therefore, it would be placed before a subsequent DLC of Bongaigaon district. The petitioner has approached this Court on

the grievance that no further action has been taken by the respondents.

As the DLC of 24.06.2014 had clearly provided that the claim of the petitioner was not recommended for lack of vacancy and it has to be placed

before a subsequent DLC, a right had accrued to the petitioner that it be placed before any other subsequent DLC.

No definite information is available as to whether it was placed or not. As no further issue has been raised, we are of the view that instead of

keeping the matter pending by issuing notice, the interest of justice would be served if the writ petition is disposed of with a direction to respondent

No.2 being the Deputy Commissioner, Bongaigaon to place the claim of the petitioner for compassionate appointment before the next available DLC.

Accordingly, we direct the respondent No.2 to place the claim of the petitioner for compassionate appointment before the next available DLC of

Bongaigaon district. We further provide that in the event, the same was already placed and the DLC had given its consideration, the respondent No.2

shall inform the petitioner about the outcome of such consideration.

We also provide that the respondent No.3 being the District Elementary Education Officer Bongaigaon shall also assist the Deputy Commissioner to

locate the application of the petitioner for being placed before the DLC. To facilitate the matter, the petitioner is also directed to provide a copy of the

concerned representation before the District Elementary Education Officer Bongaigaon for doing the needful.

Writ petition stands disposed of in the above terms.