WP(C) 2848/2010 BEFORE HON’BLE MR JUSTICE H. BARUAH Heard Mr. A.K. Goswami, learned Sr. counsel assisted by Mr. Deori, learned couns el for the petitioner as well as Mr. M.K. Misra, learned standing counsel for th e Education Department representing official respondents. In this writ petition the order issued by the Director of Elementary Edu cation, Assam, Kahilipara, Guwahati-19, dated 09.04.2010 (Annexure-6 to the writ petition) is under challenge, whereby and whereunder the appointment of the pet itioner as Lower Division Assistant (for short LDA) attached to the Deputy Inspe ctor of Schools, Mandaldoi has been terminated with immediate effect. The case as it appears from the records is that the petitioner was appoi nted as LDA in the office of the District Elementary Education Officer, Darrang vide order under Memo No.5470-73, dated 30.03.1999 [Annexure-1(a) to the writ pe tition] in the scale of pay of Rs.2890-5725/- per month plus other allowances as admissible under rules. In the year 2002 one Utpal Goswami approached this Cour t by filing WP(C) No.216/2002 urging a direction to the respondent authorities t herein to appoint him on compassionate ground on account of death of his father while in service under the scheme die-in-harness . The aforesaid writ petition was disposed of by this Court with a direction to the respondent No.3 therein, t he Director of Elementary Education to comply with the order of the Under Secret ary to the Govt. of Assam, dated 20.06.1998, where it was directed to consider t he case of Sri Utpal Goswami, the petitioner therein and to appoint him on compa ssionate ground. However, the Director of Elementary Education did not comply th e aforesaid direction of the Under Secretary rather appointed the present petiti oner herein as LDA in the office of the District Elementary Education Officer at Darrang vide order dated 20.06.1998 and another, namely, Sri Dharma Kanta Baisy a vide order dated 09.02.1999. The Under Secretary to the Govt. of Assam, Educat ion Department by letter dated 30.06.1999 (Annexure-4 to the writ petition) indi cated that the appointment(s) made vide Memo No.EHA.166/96/23, dated 09.02.1999 are all illegal and accordingly directed to comply with the order by posting the petitioner therein, namely, Sri Utpal Goswami either in the district of Darrang or Sonitpur and discharge the illegal appointees immediately. Taking note of these facts indicated in the writ petition being WP(C) No .216/2002, this Court directed the respondent No.3 therein vide order dated 16-1 -2002 to issue appointment order and post him as LDA within 3 weeks from the dat e of receipt of the order. Mr. Goswami, learned Sr. counsel for the petitioner herein contends that in view of the judgment rendered by this Court, the petitioner does not fall wi thin the purview of illegal appointment made under Memo No.EHA.166/96/23, dated 09.02.1999 and, therefore, the termination of the petitioner vide impugned orde r is illegal and it cannot sustain in law. It is also indicated by Mr. Goswami, learned Sr. counsel that the petitioner herein was not appointed on compassionat e ground rather was appointed in a vacant post that arose in the department duri ng the relevant point of time. Mr. Misra, learned standing counsel for the Education Department in view of the judgment rendered by this Court in WP(C) No.216/2002 unhesitantly acced es to the submissions advanced by Mr. A.K. Goswami, learned Sr. counsel that the petitioner is not covered under Memo No.EHA.166/96/23, dated 09.02.1999 nor he has been appointed on compassionate ground. From the facts involved in this writ petition, it has become apparent th at the respondent No. 2 by misreading the judgment rendered in W.P(C) No. 216 of 2002 illegally passed the impugned order. In view of the above, this Court finds that this writ petition carries m erit in it and accordingly it is allowed. The impugned order dated 09.04.2010 (Annexure-6 to the writ petition) is hereby set aside and quashed. The respondent authorities are directed to reinstate the petitioner in t he post earlier held by him within a period of 1(one) month after receipt of the certified copy of the order. This writ petition thus stands allowed and disposed of.