AI Structured Summary
Not yet generated for this judgment
Judgment
Heard Mr. T. Chutia, learned counsel for the petitioner. Also heard Mr. N. Sarma, learned Standing Counsel , Elementary Education Department and Mr. B. Deuri, learned Government Advocate, Assam for the respondents.
In the present petition, the petitioner is praying for appointment under the die-in-harness scheme. The petitioner's claim is for appointment under the said scheme to the post of an Assistant Teacher on the death of her husband- late Padmeswar Hazarika, who died in harness while working as Assistant Teacher on 22.05.2013. The case of the petitioner is that her case was put up before the DLC but the DLC has not made any recommendation as to whether the application of the petitioner has been accepted or rejected.
Learned counsel for Respondent No.3, however, submits that the case of the petitioner could not be considered as she was having low percentage of marks in Higher Secondary Examination and that there was no vacancy available. It has been stated in the affidavit filed on behalf of Respondent No.3 that application of the petitioner was again placed before the DLC on 5.8.2014 but the DLC could not recommend her name due to non-availability of Grade-IV post at that time.
From the above, what is evident is that the case of the petitioner was not recommended on the ground of having low percentage of marks in the Higher Secondary Examination as well as lack of vacancy.
Learned counsel for the petitioner, however, submits that the name of the petitioner can be adjusted against any Grade-IV post in any other Department in such an event for not eligible for appointment as a teacher.
It may also be noted that para-15 of the O.M. No.ABP.50/2006/Pt/182 dated 01.06.2015 states that a case for compassionate appointment may be considered in any other department, if no vacancy is available in the Department concerned in which the deceased employee was working.
In view of the above, the writ petition is disposed of directing the respondent authorities to place the application before the DLC again for reconsideration under the die-in-harness scheme against any vacancy in any other Department as provided in the aforesaid O.M. No.ABP.50/2006/Pt/182 dated 01.06.2015, by placing it before the next DLC meeting or within three months from the date of receipt of a certified copy of this order, whichever is earlier.
With the above observation, the writ petition stands disposed of.