Gauhati High Court
Page No.# 1/5 vs The State Of Assam And 5 Ors on 23 May, 2025
Page No.# 1/5
GAHC010108302025
2025:GAU-AS:6532
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2746/2025
ABU SUFI MD HIFJUR RAHMAN LASKAR
S/O LATE ALA 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 COMMITTEE (DLC)
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
6:THE DISTRICT COMMISSIONER CUM CHAIRMAN OF DISTRICT LEVEL
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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
HON'BLE MR. JUSTICE LANUSUNGKUM JAMIR
O R D E R
23.05.2025
Heard Mr. H. Hossain, learned counsel for the petitioner. Also heard
Ms. D.D Barman, learned Additional Senior Government Advocate for the
respondent Nos. 1, 2, 3 & 6 and Mr. G. Pegu, learned Standing Counsel,
Elementary Education Department for the respondent Nos. 4 and 5.
2. The father of the petitioner late Ala Uddin Laskar while serving as an
Assistant Teacher in 777 No. Polarpar Katuara (Provincialised) L.P School
in the district of Hailakandi, died in harness on 21.01.2017. Thereafter, the
petitioner made an application for appointment on compassionate ground
on 22.09.2017 before the Deputy Inspector of Schools, Hailakandi. The
case of the petitioner was considered by the District Level Committee
(DLC), Hailakandi in its meeting held on 05.10.2021 and rejected the case
of the petitioner on the ground that the remaining balance period of
service of the deceased employee was 01(one) year 11(eleven) months
10(ten) days.
3. Being aggrieved, the petitioner approached this Court by filing WP(C)
No.1462/2022, wherein this Court came to the conclusion that the father
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of the petitioner had four years remaining period of service when he
expired on 21.01.2017. The matter was therefore remanded back to the
concerned DLC to reconsider the case of the petitioner.
4. The DLC, Hailakandi in its meeting held on 19.09.2023 thereafter
recommended the case of the petitioner for appointment on
compassionate ground to a post of Assistant Teacher in L.P School subject
to verification of income and unemployed certificate 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:
" 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:-
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(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 04.04.2025
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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. Ms. D.D Barman, learned Additional Senior Government Advocate
submits that as the petitioner has been recommended by the DLC,
Hailakandi in its meeting held on 19.09.2023 with certain observation 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 State Level
Committee (SLC) can now consider the case of the petitioner.
8. Recording the submissions made by the learned Additional Senior
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 DLC, Hailakandi in its meeting held on 19.09.2023 and in
accordance with law 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.
9. With the above observations and directions, this writ petition is
disposed of.
JUDGE
Comparing Assistant
