Gauhati High Court
Page No.# 1/5 vs The State Of Assam And 5 Ors on 23 May, 2025
Page No.# 1/5
GAHC010108272025
2025:GAU-AS:6540
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2761/2025
JAYED MD SAHA ALAM LASKAR
SON OF LATE MOIN UDDIN LASKAR
VILL- ALGAPUR PT.IV,
P.O. KALIBARI BAZAR,
DIST. HAILAKANDI, ASSAM
PIN-788150
VERSUS
THE STATE OF ASSAM AND 5 ORS.
REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM,
DISPUR, GUWAHATI-781006
2:THE CHAIRMAN OF STATE LEVEL COMMITEE (SLC)
FOR APPOINTMENT ON COMPASSIONATE GROUND
DISPUR
GUWAHATI-781006.
3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
PERSONNEL DEPARTMENT DISPUR
GUWAHATI-781006
4:THE SECRETARY TO THE GOVT. OF ASSAM
DEPARTMENT OF SCHOOL EDUCATION
DISPUR
GUWAHATI-6
5:THE DISTRICT ELEMENTARY EDUCATION OFFICER (DEEO)
HAILAKANDI
ASSAM
PIN-788151
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6:THE DISTRICT COMMISSIONER CUM CHAIRMAN OF DISTRICT LEVEL
COMMITTEE (DLC)
HAILAKANDI FOR APPOINTMENT ON COMPASSIONATE GROUND
HAILAKANDI
ASSAM
PIN-78815
Advocate for the Petitioner : MR. N HOSSAIN, MR. M MONDAL
Advocate for the Respondent : SC, ELEM. EDU, GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR
ORDER
Date : 23.05.2025
1. Heard Mr. N. Hossain, learned counsel for the petitioner. Also heard Mr. B.
Deuri, learned Government Advocate, for the respondent Nos. 1, 2, 3 & 6 and
P.K. Bora, learned standing counsel, Elementary Education Department, for the
respondent Nos. 4 & 5.
2. The petitioner's father late Moin Uddin Laskar, while serving as an Assistant
Teacher of 731 No. ALC Memorial L.P. School under Hailakandi Education Block,
died in harness on 30.07.2012. Thereafter, the petitioner made an application
for appointment on compassionate grounds on 14.11.2012. The case of the
petitioner was considered by the concerned DLC in its meeting held on
05.10.2021, however, his case was rejected as he was found under qualified
with 45% marks in Higher Secondary Examination against the requisite
qualification of 50% marks for the post of Assistant Teacher.
3. The petitioner, being aggrieved, approached this Court by filing WP(C) No.
6936/2022 taking a ground that he had appeared for the
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betterment/improvement examination under the Improvement Scheme of the
Assam Higher Secondary Education Council and he secured 55 marks in Bengali
in the year 2018 and 50 marks in Political Science in the year 2019. The said
writ petition was disposed of on 20.07.2023 remanding the matter back to the
DLC of Hailakandi District to reconsider the case of the petitioner in its next
immediate sitting to any other post commensurate to his educational
qualification.
4. The District Level Committee, Hailakandi, in its meeting held on
19.09.2023, recommended the case of the petitioner for appointment on
compassionate grounds to the post of Assistant Teacher in L.P. School subject to
verification of income and unemployed certificates from the Circle Officer and
verification of the documents with the original ones.
5. In the meantime, the Personnel (B) Department, Government of Assam,
issued an Office Memorandum on 18.09.2024, wherein it is stated that no cases
for appointment on compassionate ground to the family member of State
Government employees who died-in-harness or retired prematurely on being
declared permanently incapacitated for service or missing and whose
whereabouts is not known prior to 31.03.2017, shall be entertained by any
Administrative Department/Authority for any reason whatsoever nor be placed
before the SLCs/DLCs for recommendation of candidates for appointment on
compassionate ground.
6. The said Office Memorandum dated 18.09.2024, was challenged in a
number of writ petitions and the leading case was WP(C) No. 342 of 2025. This
batch of writ petitions were disposed of by an Order dated 03.04.2025, wherein,
the operative portion reads as under:
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" 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.
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
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04.04.2025 and thereafter. It shall only apply to cases that are pending before this Court as
on 03.04.2025.
11. The writ petitions are accordingly disposed of."
7. Mr. B. Deuri, learned Government Advocate, submits that as case of the
petitioner was recommended by the District Level Committee, Hailakandi on
19.09.2023 and also taking into consideration the Order dated 03.04.2025
passed in WP(C) No. 342/2025 and in a batch of other writ petitions, the case of
the petitioner can now be considered by the State Level Committee.
8. Accordingly, recording the submissions made by the learned Government
Advocate, this writ petition is disposed of directing the SLC to consider the case
of the petitioner in terms of the recommendation made by the District Level
Committee, Hailakandi on 19.09.2023, in its next immediate sitting. However, if
the case of the petitioner has already been considered by the SLC, the outcome
of such consideration shall be communicated to the petitioner forthwith.
9. With the above observations and directions, this writ petition is disposed of.
JUDGE
Comparing Assistant
