WP(C) 4851/2011 BEFORE THE HON’BLE MRS JUSTICE ANIMA HAZARIKA Heard Mr. BD Das, learned Senior counsel, assisted by Mr. D Nath, Advoca te, appearing for the petitioner. Also heard Mr. AD Choudhury, learned Standing counsel, Education Department, Assam appearing for the respondents. Considering the matter in its entirety and as prayed for by the learned counsel appearing for the parties, this writ petition is being disposed of at th e motion stage itself. The petitioner’s case in a nutshell is that he has been appointed as an Assistant Teacher in Chamata HS School, Nalbari on compassionate ground vide ord er dated 20.02.1993 (Annexure 3 to the writ petition) issued by the respondent N o.3 i.e. the Inspector of Schools, Nalbari pursuant to letters dated 01.01.1993 and 21.01.1993 issued by the then Secretary to the Govt. of Assam Education Depa rtment. The respondent No.3 thereafter on 08.11.2007 issued a show cause notice asking the petitioner to show cause as to why his services as Assistant Teacher shall not be terminated, as the appointment of the petitioner was illegal and in contravention of the existing Rules. In the said show cause notice, the petitio ner was charged as follows: 1. That your name does not appear in the Select List prepared by the Se lection authority for appointment of Asstt. Teacher during the year 1995-96. Sel ection of candidates for appointment by the Selection Board is mandatory as per rule 7(1) of the Assam Secondary Education (Provincialised) Rule, 1982. 2. The Select List was published on 04.01.1995 and retained the validity upto 03.01.1996. You were appointed on purely Ad-hoc basis and you are not a re gularly selected candidate. As directed in the aforesaid show cause notice, the petitioner duly subm itted his reply stating, inter alia, therein that he was appointed on compassion ate ground and therefore, the question of inclusion of his name in the select li st does not arise, inasmuch as, the selection committees for selection of candid ates for appointment on compassionate ground came into existence only in the yea r 2005. Subsequently, the petitioner had also challenged the legality and validi ty of the show cause notice dated 08.11.2007 before this Court by way of filing a writ petition, being WP(C) No.6172/2007 and this Court vide order dated 30.01. 2008 disposed of the same with a direction to the respondent No.3 that if he is inclined to take further action on the issue even after receipt of the reply of the petitioner, he would afford a reasonable opportunity of hearing to the peti tioner and thereafter pass a speaking order. However the respondent No.3 did not take any action thereafter. Instead, he issued another show cause notice dated 26.05.2011 asking the petitioner to show cause as to why his services shall not be terminated. The grounds shown in the subsequent notice are exactly same with that of the notice dated 08.11.2007. On 02.06.2011, the petitioner again submitt ed a similar reply to the show cause notice dated 26.05.2011. But till date the petitioner has not been called for personal hearing in the matter nor any action has been taken against him. After submitting the reply as stated above on 09.09 .2011, the petitioner was provided with a copy of the order vide Meme No.CR 537/ 97/264 dated 20.12.1998 issued by the then Secretary to the Govt. of Assam, Educ ation Department by a friend and he was shocked to find that by the order dated 20.12.1998, the service of the petitioner has already been terminated in complia nce of Order dated 02.08.1997 passed in CR. No.5216/1996 and order dated 05.05.1 998 passed in CR No.5378/1997. Immediately, thereafter, the petitioner submitted representation before the respondent authorities praying for review/reconsidera tion of the order dated 20.12.1998, however till date, the same has neither been considered nor communicated to the petitioner. It has further been stated that during 1991-1995 and thereafter many persons were appointed on compassionate gro und by the respondent authorities without following any selection process and si milarly the petitioner was also appointed and therefore the action on the part o f the respondent authorities in issuing the order dated 20.12.1998 is ex-facie a rbitrary and illegal. Hence the petitioner has submitted a representation before the Commissioner & Secretary, Govt. of Assam, Education Department, elaborately stating his case and how his appointment was made on compassionate ground, howe ver, the same has not been disposed of till date and thus the learned counsel fo r the petitioner has prayed for a limited prayer for a direction to the Commissi oner & Secretary, Govt. of Assam, Education Department i.e., respondent No.1 to dispose of the representation within a time frame. In view of the limited prayer so made, the learned Standing counsel, Edu cation Department appearing for the respondents has raised no objection. Considering the matter in its entirety and also considering the fact tha t the petitioner was appointed as Assistant Teacher in Chamata Higher Secondary School on compassionate ground and the statements made on oath to the effect tha t till date he is continuously serving in the said School as Assistant Teacher, the Commissioner & Secretary, Govt. of Assam, Education Department is directed t o dispose of the representation submitted by the petitioner by a speaking order within a period of 8(eight) weeks from today. The petitioner may submit represen tation afresh with a copy of the writ petition and the annexures appended theret o, along with the certified copy of this order before the respondent No.1. While disposing the representation, the respondent No.1 would take into consideration the fact that the petitioner is serving continuously in the School since his date of appointment till date without any blemish, his service has al so, in the meantime, been confirmed and is drawing regular scale of pay. The Commissioner & Secretary, Govt. of Assam, Education Department is a t liberty to hear the petitioner in person and pass necessary order(s) according ly. Needless to say that the order passed on the representation shall be communi cated to the petitioner forthwith in his given address. With the above direction(s), this writ petition is disposed of. No costs .