Oliullah Laskar vs The State Of Assam And 4 Ors
2025 Latest Caselaw 6359 Gua

Gauhati High Court

Oliullah Laskar vs The State Of Assam And 4 Ors on 27 August, 2025

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GAHC010187802025




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                           Case No. : WP(C)/4910/2025

         OLIULLAH LASKAR
         S/O- LATE JAINUL ABEDIN LASKAR, VILL- KATIGORAH, P. O. AND P. S.
         -KATIGORAH, DISTRICT- CACHAR, ASSAM, PIN-788805.



         VERSUS

         THE STATE OF ASSAM AND 4 ORS
         REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF
         ASSAM. ASOM SACHIBALAYA, DISPUR, GUWAHATI.

         2:THE CHAIRMAN
          STATE LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT ASOM
         SACHIBALAYA
          DISPUR
          GUWAHATI-6.

         3:THE SECERTARY TO THE GOVT. OF ASSAM
          DEPARTMENT OF SCHOOL EDUCATION
          DISPUR
          GUWAHATI-06.

         4:THE DEPUTY COMMISSIONER
          CACHAR/CHAIRMAN
          DISTRICT LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT
          DIST. CACHAR
         ASSAM
          PIN- 788710.

         5:THE DISTRICT ELEMENTARY EDUCATION OFFICER
          CACHAR
          SILCHAR
          DIST. CACHAR
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             ASSAM
             PIN- 788007

Advocate for the Petitioner   : MR. M SARANIA, MR A SARANIA,N GOGOI

Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU




                                    BEFORE
                       HON'BLE MR. JUSTICE ROBIN PHUKAN

                                         ORDER

27.08.2025

Heard Mr. P.P. Gogoi, learned counsel for the petitioner. Also heard Mr. B. Deuri, learned Government Advocate, appearing for the respondent Nos.1, 2 and 4 and Ms. P. Das, learned standing counsel, Education (Elementary) Department, appearing for the respondent Nos.3 and 5.

2. In this petition, under Article 226 of the Constitution of India, the petitioner has prayed for issuing direction to the respondent authorities, specially the respondent No.3 to place the case of the petitioner for consideration and for approval for being appointed on compassionate ground, before the next State Level Committee (SLC) meeting, as per order of this Court dated 08.09.2023 passed in WP(C) No.5127/2023 as well as the order dated 03.04.2025 passed in WP(C) No.342/2025.

3. Mr. Gogoi, learned counsel for the petitioner submits that the father of the petitioner, namely, Late Jainul Abedin Laskar, was serving as Assistant Teacher in M.E. Madrassa under Katigorah Education Block, Cachar, Assam and he died in harness on 13.12.2012. At the time of death of his father, the petitioner was aged about 16 years only. On attaining majority, he filed an application on 10.10.2016 for being appointed on compassionate ground in any Grade-III post, which was forwarded to the Deputy Commissioner for consideration of his case. Thereafter, the District Level Committee (DLC) meeting was held on 02.02.2022 in the office of the respondent No.4. In the said Page No.# 3/6

meeting, the case of the petitioner was recommended to the SLC for approval for the post of Assistant Teacher in Lower Primary School. Thereafter, the matter was placed before the SLC on 26.08.2022, but the SLC has rejected the claim of the petitioner on the ground of delay of one year in applying for his compassionate appointment and being aggrieved, the petitioner approached this Court by filing WP(C) No.5127/2023, wherein this Court vide order dated 08.09.2023 remanded the matter back to the SLC for fresh consideration in the next SLC meeting. Thereafter, the petitioner has filed a representation on 27.09.2023 along with the order of the Court before the respondent No.3 for placing his case before the next SLC for approval for compassionate appointment.

3.1 Mr. Gogoi, further submits that in WP(C) No.342/2025 vide order dated 03.04.2025, a Coordinate Bench of this Court has directed that all the matters in front of the DLC and SLC are to be considered and disposed of on merit basis by taking into consideration the various guidelines prior to 01.04.2017 and since the respondent authorities have not place the matter of the petitioner before the SLC, a direction may be issued to place the same before the next SLC for approval.

4. Mr. Deuri, learned Government Advocate, appearing for the respondent Nos.1, 2 and 4 submits that there was a direction of this Court in WP(C) No.5127/2023 in the order dated 08.09.2023, this writ petition may be disposed of by directing the respondent No.3 to place the case of the petitioner before the next SLC.

5. Ms. Das, learned standing counsel, Education (Elementary) Department, appearing for the respondent Nos.3 and 5 also subscribes the submission of Mr. Deuri, learned Government Advocate appearing for the respondent Nos.1, 2 and 4.

6. Having heard the submission of learned counsel for both the parties, I have carefully gone through the petition and the documents placed on record and also perused the order dated 08.09.2023 passed in WP(C) No.5127/2023 and also the order dated 03.04.2025 passed in WP(C) No.342/2025.

7. It appears that the basic facts here in this case are not in dispute. The father of the petitioner was serving as Assistant Teacher of M.E. Madrassa under Katigorah Education Page No.# 4/6

Block and he died in harness on 13.12.2012. At the relevant point of time, the petitioner was minor and he was aged about 16 years and on attaining majority in the year 2015, he filed an application on 10.10.2016 for being appointed on compassionate ground in any Grade-III post to which he is eligible and qualified. His application was forwarded to the Deputy Commissioner for consideration and accordingly, the matter was placed before the DLC meeting held on 02.02.2022, wherein the case of the petitioner was recommended to the SLC for approval for the post of Assistant Teacher in Lower Primary School. Thereafter, the matter was placed before the SLC on 26.08.2022, but the case of the petitioner was rejected on the ground of the application being filed after a delay of one year. The petitioner then approached this Court by filing WP(C) No.5127/2023 challenging the minutes of the SLC meeting dated 26.08.2022 and this Court vide order dated 08.09.2023 was pleased to set aside the impugned minutes of the SLC meeting held on 26.08.2022 and remanded the matter back to the SLC for consideration.

8. It is also to be noted here that in WP(C) No.342/2025, vide order dated 03.04.2025, this Court has disposed of a batch of writ petitions with the following directions:-

"9. In view of the consent of the learned counsels for the parties, all the writ petitions that are pending as on today, i.e., 03.04.2025, in the Gauhati High Court, which have put to challenge the impugned OM dated 18.09.2024, are to be decided as follows:-

(i) All the applications for compassionate appointment submitted by the petitioners shall be considered and disposed of by the concerned DLC/SLC on merit, by taking into consideration the various guidelines prior to 01.04.2017, laid down by the State Government for compassionate appointment and the judgments of the Hon'ble Supreme Court and the High Court. Consequently, the rejection of all compassionate appointments by the DLC/SLC, which have been put to challenge and are pending in the Gauhati High Court as on 03.04.2025, are set aside.

(ii) The entire process for considering the various applications for compassionate appointment and the decision to be taken in each case by the concerned authorities, should be completed within a period of six months from the date of receipt of a Page No.# 5/6

certified copy of this order by the concerned District Commissioner, who is also the Chairman of the DLC, if the matter pertains to the DLC. In other cases, the Chief Secretary to the Government of Assam, who is the Chairman of the SLC, if the matter pertains the SLC.

10. It is made clear that in view of the consent of the parties, this Court has not gone into the merits of any of the petitioners' cases that are being disposed of by way of this order and as such, the applications for compassionate appointment should be disposed of by the concerned authorities on merit, as they deem it fit and proper. The decision/s to be taken by the concerned authorities should be based on reasons and the decision taken should be communicated to the petitioners thereafter. It is also directed that while deciding the applications for compassionate appointment, the respondents cannot take recourse to the impugned OM dated 18.09.2024, though the judgment provided therein, i.e., the case of Debabrata Tiwari (supra), can be considered/applied by the concerned authorities. It is again made clear that this order cannot be used as a precedent for cases that are filed on 04.04.2025 and thereafter. It shall only apply to cases that are pending before this Court as on 03.04.2025."

9. It is a fact that in the order dated 03.04.2025, a Coordinate Bench of this Court has categorically held that the order being passed in the said writ petition would not be read as a precedent for the cases that are filed on 04.04.2025 and thereafter. Indisputably, the present petition was filed only on 19.08.2025. But there is already an order of this Court dated 08.09.2023, by which the matter stands remanded back to be placed before the next available SLC for consideration of the recommendation of DLC of Cachar district dated 02.02.2022 afresh.

10. In that view of the matter, the observation made in paragraph 10 of the order dated 03.04.2025 would not stand in the way in placing the matter before the next SLC. Under the given facts and circumstances and also taking note of the submission of learned counsel for both the parties, this Court is inclined to dispose of this petition by directing the respondent No.3 to place the case of the petitioner before the next SLC and in the event of placing the matter before the SLC, the SLC shall consider the same in the Page No.# 6/6

light of the direction issued by a Coordinate Bench of this Court in WP(C) No.5127/2023 in the order dated 08.09.2023.

11. In terms of above, this writ petition stands disposed of, leaving the parties to bear their own cost.

Sd/- Robin Phukan JUDGE

Comparing Assistant