Gauhati High Court
Page No.# 1/3 vs The State Of Assam And Ors. Represented ... on 25 June, 2025
Author: Nelson Sailo
Bench: Nelson Sailo
Page No.# 1/3
GAHC010105602025
2025:GAU-AS:8535
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2916/2025
BIJU KUMAR NARAH
S/O- LATE ANANTA NARAH.
VILL.- PUTABIL, P.O.- BORGAYA, KHAGORI,
P.S.- NORTH LAKHIMPUR, DIST.- LAKHIMPUR, ASSAM, PIN-787053
VERSUS
1: THE STATE OF ASSAM AND ORS. REPRESENTED BY THE CHIEF
SECRETARY TO THE GOVERNMENT OF ASSAM, DISPUR, GUWAHATI-
781006.
2:THE CHAIRMAN OF STATE LEVEL COMMITTE(SLC) FOR APPOINTMENT
ON COMPASSIONATE GROUND DISPUR GUWAHATI-781006
3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM PERSONAL 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
LAKHIMPUR ASSAM PIN-787001
6:THE DISTRICT COMMISSIONER CUM CHAIRMAN DISTRICT LEVEL
COMMITTE (DLC) LAKHIMPUR FOR APPOINTMENT ON COMPASSIONATE
GROUND NORTH LAKHIMPUR ASSAM PIN-787001
Advocate for the Petitioner : MR. M MONDAL, MR. N HOSSAIN
Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU
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- BEFORE -
HON'BLE MR. JUSTICE NELSON SAILO
Date : 25-06-2025
Heard Mr. N. Hossain, learned counsel for the petitioner. Also heard Mr.
B. Deuri, learned Junior Government Advocate, Assam, appearing for the
respondent Nos.1, 2, 3 & 6 and Ms. N. Phukan, learned Standing Counsel,
Department of School Education, appearing for the respondent Nos.4 & 5.
[2] Having regard to the nature of the grievance projected by the
petitioner, the writ petition is taken up for disposal at the motion stage itself.
[3] This is the second time the petitioner is before this Court. The earlier
writ petition, being WP(C) No.1115/2023, was disposed of by this Court vide
order dated 01.03.2023, by directing the respondent authority concerned to
place the case of the petitioner before the District Level Committee (DLC),
Lakhimpur for considering his case for appointment on compassionate basis.
Pursuant to the said direction, the petitioner's case was taken up by
the District Level Committee, Lakhimpur, which met on 07.07.2023 and the
petitioner's name appeared at serial No.7 in the minutes of the said meeting and
he was recommended for Grade-IV post under the Office of the District
Elementary Education Officer, Lakhimpur. While the petitioner's case was to be
considered by the State Level Committee (SLC), the State Government in the
Personnel (B) Department issued Office Memorandum dated 18.09.2024, by
which compassionate appointment was to be stopped in view of the introduction
of the Compassionate Family Pension Scheme.
[4] Aggrieved with the said Office Memorandum, a number of writ
petitions were filed before this Court and consequently they were disposed of by
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a common judgment & order 03.04.2025, wherein WP(C) No.342/2025 is the
lead case, with a direction that the pending cases for compassionate
appointment would be considered by the District Level Committee or the State
Level Committee concerned in terms of the Guidelines laid down by the State
Government.
[5] Mr. Hossain, learned counsel for the petitioner submits that the case of
the instant petitioner is also squarely covered and further submits that a case of
similar nature had also been considered and disposed of vide order dated
09.05.2025 passed in WP(C) No.2429/2025 (Guna Kanta Bharali -Vs- State
of Assam & Ors.) (Annexure-5 to the writ petition).
[6] Considering the above position, the writ petition is disposed of by
directing the Secretary to the Government of Assam, Department of School
Education (respondent No.4) to place the case of the petitioner before the next
sitting of the State Level Committee for consideration in terms of the
recommendation made by the District Level Committee, Lakhimpur on
07.07.2023.
[7] With the above observations and directions, the writ petition stands
disposed of.
JUDGE
Comparing Assistant
