[Cites 0, Cited by 0]
Gauhati High Court
Page No.# 1/4 vs The State Of Assam And 3 Ors on 1 December, 2025
Page No.# 1/4
GAHC010273662023
2025:GAU-AS:16436
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/7034/2023
SIRIN SULTANA LASKAR
S/O- LT. ABDUS SATTAR LASKAR, VILL- ALGAPUR, P.O. KALIBARI BAZAR,
DISTRICT- HAILAKANDI, ASSAM, PIN- 788150
VERSUS
THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, SCHOOL
EDUCATION (ELEMENTARY) DEPARTMENT, DISPUR, GHY-6
2:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GHY-19
3:THE DISTRICT COMMISSIONER
HAILAKANDI
P.O. AND DISTRICT- HAILAKANDI
ASSAM
PIN- 788151
4:THE DISTRICT ELEMENTARY EDUCATION OFFICER
HAILAKANDI
P.O. AND DISTRICT- HAILAKANDI
ASSAM
PIN- 78815
Advocate for the Petitioner : MR. N HOSSAIN, MS A BEGUM,MR. A M BARBHUIYA
Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU
Page No.# 2/4
BEFORE
HONOURABLE MR. JUSTICE KARDAK ETE
ORDER
Date : 01-12-2025
Heard Mr. A. M. Barbhuiya, learned counsel for the petitioner.
2. This is an application seeking appointment on compassionate ground.
3. The father of the petitioner, namely, Late Abdus Sattar Laskar, who was serving
as the Head Teacher of 657 No. Sishu Kolyan L.P. School (provincialized) in the District
of Hailakandi, had died in harness on 10.08.2009, leaving behind the petitioner and
his mother. The petitioner was aged about 7 (seven) years old at the time of his
father's death. On attaining the age of majority on 31.07.2023, the petitioner applied
for appointment on compassionate ground under the policy of the State Government
for compassionate appointment.
4. It is the specific case of the petitioner that the respondent authorities has not
placed the case of the petitioner before the District Level Committee on the ground
that he has submitted the application belatedly without considering the fact that he
could submit his application only on attaining the age of majority.
5. It is stated at the Bar that in the meantime, the State of Assam has abolished
the policy relating to compassionate appointment. Consequently, the petitioner filed a
subsequent writ petition, being WP(C) No. 483/2025, challenging the notification
abolishing the policy of appointment on compassionate ground.
6. It is noticed that this Court, vide order dated 03.04.2025, has disposed of the
Page No.# 3/4
said WP(C) No. 483/2025 along with all other analogous writ petitions leading case
being WP(C) No. 342/2025 (Abdul Kadir Bokshi Vs. The State of Assam & Ors.), on the
consent of the learned counsel for the parties, as under:-
"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 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."
7. Having considered the submissions of learned counsel for the parties and
considering that the subsequent writ petitions challenging the Office Memorandum
dated 18.09.2024, including the writ petition of the petitioner, having been disposed of
by this Court with the above directions, I am of the considered view that no issue
Page No.# 4/4
remains for adjudication and thus, matter has become infructuous.
8. Accordingly, writ petition stands closed and disposed of.
JUDGE
Comparing Assistant
