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Gauhati High Court
Page No.# 1/3 vs The State Of Assam And 5 Ors on 17 December, 2025
Author: Nelson Sailo
Bench: Nelson Sailo
Page No.# 1/3
GAHC010210562025
2025:GAU-AS:17451
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5693/2025
ALANGKRITA SARMAH
D/O- LATE SSHARANI BORDOLOI, VILL.- NO. PASCHIM CHUBA, P.O. AND
P.S. SIPAJHAR, DIST. DARRANG, MANGALDOI, ASSAM, PIN-784145.
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF
ASSAM, DISPUR, GUWAHATI-781006.
2:THE CHAIRMAN OF STATE LEVEL COMMITTEE (SLC)
FOR APPOINTMENT ON COMPASSIONATE GROUND
DISPUR
GUWAHATI-781006.
3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM
PERSONNEL DEPARTMENT
DISPUR
GUWAHATI-781006.
4:THE SECRETARY TO THE GOVERNMENT OF ASSAM
DEPARTMENT OF SCHOOL EDUCATION
DISPUR
GUWAHATI-6.
5:THE DISTRICT ELEMENTARY EDUCATION OFFICER (DEEO)
DARRANG
MANGALDOI
ASSAM
PIN- 784125.
6:THE DISTRICT COMMISSIONER CUM CHAIRMAN OF DISTRICT LEVEL
COMMITTEE (DLC)
DARRANG
Page No.# 2/3
FOR APPOINTMENT ON COMPASSIONATE GROUND
DARRANG
MANGALDOI
ASSAM
PIN- 784125
Advocate for the Petitioner : MR. N HOSSAIN,
Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU
BEFORE
HONOURABLE MR. JUSTICE NELSON SAILO
ORDER
Date : 17.12.2025
Heard Mr. N. Hossain, learned counsel for the petitioner. Also heard Mr. G.
Pegu, learned Government Advocate, for the State and Ms. S. Chutiya, learned
Standing Counsel, Elementary Education Department, Government of Assam, for
the respondent Nos. 4 to 6.
[2.] Having regard to the nature of the grievance projected by the petitioner,
the writ petition is taken up for disposal at this stage.
[3.] The mother of the petitioner died-in-harness on 23.09.2013 and therefore
the petitioner applied for appointment on compassionate basis on 12.11.2013.
The case of the petitioner was considered by the District Level Committee
(DLC), Darrang, which held its meeting on 07.07.2023, wherein it was observed
that the late Government employee do not have the balance service of three (3)
years, when she had expired. However, the case of the petitioner was accepted
to be forwarded to the Government for necessary action. He submits that
despite the same, since the State Level Committee (SLC) yet to consider the
case of the petitioner, the petitioner is before this Court. The learned counsel
submits that the subject matter in respect of balance service required in order
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to be considered for appointment compassionate was taken up by the Division
Bench of this Court in Writ Appeal No. 125 of 2024 and the Division Bench vide
Judgment and Order dated 12.12.2025 disposed of the Writ Appeal reaffirming
the decision of the learned Single Judge, that application for compassionate
appointment should not be rejected on the ground of their being lack of
remaining three (3) years of service left on the part of the deceased employee.
[4.] The learned counsel submits that pursuant to the Notice issued by the
Government of Assam in the Personnel Department on 30.08.2025 requiring all
those interested to file their particulars on or before 15.09.2025 to be
considered for compassionate appointment, the petitioner has also submitted
her particulars on 15.09.2025. He, therefore, submits that the petitioner should
also be given the benefit of consideration in terms of the Common Judgment
rendered by this Court on 03.04.2025, wherein the lead case is WP(C) No. 342
of 2025.
[5.] Considering the above position and upon perusal of the materials available
on record, the writ petition is disposed of with a direction to the respondent
authorities to place the case of the petitioner before the State Level Committee
(SLC) for consideration in terms of the Notice that was issued on 30.08.2025.
[6.] With the above observations and directions, the writ petition stands
disposed of.
JUDGE
Comparing Assistant
