Khargeswar Das vs State Of Assam And 3 Ors.

Heard Mr. N Haque, learned counsel for the petitioner and Mr. B Kaushik, learned counsel for the respondents No. 1, 2 3 and 4 being the authorities in the Elementary Education Department of the Government of Assam.

The father of the petitioner Yambahadur Rana, who was a Chowkidar in the Chamaria Government Senior Basic School, died in harness on 24.04.1997 and on his death, the petitioner submitted an application for compassionate appointment against the post which was held by his late father. The result thereof was that the petitioner was allowed to work as a casual employee (Chowkidar) in the Chamaria Government Senior Basic School as per the order dated 29.06.1998 of the Director of Elementary Education, Assam. In the meantime, as per the communication dated 10.08.1998 of the Secretary to the Government of Assam in the Secondary Education Department, the Government had approved the proposal for appointment of the petitioner Khargeswar Das (Rana) son of late Yambahadur Rana against a Grade-IV post in the Chamaria Government Senior Basic School on compassionate ground.

We have to understand that as it was a decision of the appropriate authority in the Government, it was a final decision to appoint the petitioner on compassionate ground. But however, before the order dated 10.08.1998 could be given effect, another person namely Jogendra Mazumdar, who was a casual employee in the Chamaria Government Senior Basic School was regularized against the vacant post of late Yambahadur Rana. In the resulted situation although there was a final decision by the Government to appoint the petitioner on a compassionate ground in the said post, the matter could not be brought to its logical end. But, however, the petitioner continued to provide his dedicated service to the school as a Chowkidar and he is continuing to do so till today.

In the meantime, the other person Jogendra Mazumdar who was regularized against the vacant post to which the petitioner was appointed, had retired from service on 30.06.2019. In the circumstance, this writ petition is instituted for a direction to the respondent authorities to now appoint the petitioner inasmuch as, the post to which he was earlier appointed had again fallen vacant.

We take note that firstly it was a non application of mind by the authorities in regularizing Jogendra Mazumdar against the vacant post to which there is a decision and order by the Government to appoint the petitioner. The second aspect we take note that in spite of being so deprived, the petitioner continued his dedicated service to the authorities without any protest, meaning thereby that he had kept his legal right alive to be appointed like all these years through the service he has rendered.

In the circumstance, we direct the Director of Elementary Education, Assam to take a reasoned view on the matter without rejecting it in a mechanical manner and take note of the entire attending facts and circumstances as indicated above and pass a reasoned order on the claim of the petitioner. We further provide that in the circumstance narrated above, the post be not filled up in any manner prior to the reasoned order being passed as required by this order or else the petitioner may suffer the same fate once again as he had earlier suffered without any fault of his.

The reasoned order be passed within a period of two months from the date of receipt of a certified copy of this order. In doing so, the Director shall also take note of that once there is a decision by the Government, it also requires an implementation and orders cannot be passed in empty formality.

The writ petition is allowed to the extent indicated above.