WP(C)/7857/2015 of MD. AFTAB UDDIN LASKAR Vs THE STATE OF ASSAM and 4 ORS. on 23 December 2015

WP(C) 7857/2015BEFORE

HON’BLE MR JUSTICE M.R.PATHAK

Heard Mr. M.Khan, learned counsel for the petitioner. Also heard Mr. P. Saikia, learned Standing Counsel, Secondary Education appearing for respondent Nos. 1,3 & 5 and Ms. H. M. Phukan, learned Govt. Advocate appearing for respondent Nos. 2 & 4.

The father of the petitioner Md Mokhilisur Rahman Laskar , a Grade IV employee of Idgah Ashatul Islam Senior Madrassa of Karimganj district died in harness on 02.03.2000. The petitioner being eligible, applied for his compassionate appointment under die-in-harness scheme in Grade-IV post. The DLC, Karimganj in its meeting dated 23.12.2014 recommended the name of the petitioner for his appointment in Grade-IV post under the die-in-harness scheme. The grievance of the petitioner is that till date the SLC for such compassionate appointment have not taken any decision with regard to such compassionate appointment of the petitioner in spite of the recommendation of the DLC 23.12.2014.

After hearing the parties this writ petition is disposed directing the respondent No.1 namely, Commissioner & Secretary, Govt. of Assam, Secondary Education Department being the Principal Secretary of the SLC to place the case of the petitioner before the next meeting of the SLC, if not placed earlier, forhis compassionate appointment as recommended by the DLC, Karimganj on 23.12.2014. The SLC shall consider the case of the petitioner in terms of the decision ofthis Court in the case of Achyut Ranjan Das & ors.-Vs.-State of Assam & Ors, reported in 2006 (4) GLT 674 and Fazirun Nessa & ors. Vs.State of Assam & ors reported in 2010 (4) GLT 340 and Ajit Pator-Vs State of Assam & others reported in2009(3) GLT 306 and SLC shall communicate the outcome of its decision to the petitioner and shall carried out the entire exercise within a period of three months from the date of production of certified copy of this order by the petitioner before Respondent No.1, Commissioner & Secretary, Secondary Education Departme nt, Assam .

With the above observation, this petition stands disposed of.