Page No.# 1/6 vs The State Of Assam And 5 Ors
2025 Latest Caselaw 4941 Gua

Gauhati High Court

Page No.# 1/6 vs The State Of Assam And 5 Ors on 23 May, 2025

                                                                     Page No.# 1/6

GAHC010105472025




                                                               2025:GAU-AS:6537

                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                           Case No. : WP(C)/2788/2025

         TAHERA BEGUM LASKAR
         D/O LT. ABDULLAH LASKAR,
         VILL. VICHINGCHA PART-I, P.O. VICHINGCHA, P.S. AND DIST.
         HAILAKANDI, ASSAM.

         VERSUS

         THE STATE OF ASSAM AND 5 ORS
         TO BE REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF
         ASSAM, PERSONNEL DEPT., DISPUR, GUWAHATI- 6.

         2:THE COMMISSIONER AND SECRETARY
         TO THE GOVT. OF ASSAM
          DEPT. OF SCHOOL EDUCATION
          DISPUR
          GUWAHATI- 6.

         3:THE STATE LEVEL COMMITTEE (SLC)
          REP. BY CHIEF SECRETARY TO THE GOVT. OF ASSAM
          DISPUR
          GUWAHATI- 6.

         4:THE DISTRICT LEVEL COMMITTEE (DLC)
          HAILAKANDI
          REP. BY ITS CHAIRMAN/ DISTRICT COMMISSIONER
          HAILAKANDI
         ASSAM.

         5:THE PRINCIPAL SECRETARY
         TO THE GOVT. OF ASSAM
          FINANCE DEPT.
          DISPUR
          GUWAHATI- 6.
                                                                          Page No.# 2/6

            6:THE DIRECTOR
             OF ELEMENTARY EDUCATION DEPT.
            ASSAM
             KAHILIPARA
             GAUHATI- 19

Advocate for the Petitioner   : MR. A M BARBHUIYA, S. M. ZINNA,MS A BEGUM,MS S R
MAZARBHUIYA

Advocate for the Respondent : GA, ASSAM, SC, FINANCE,SC, ELEM. EDU




                                   BEFORE
                  HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR

                                         ORDER

Date : 23.05.2025

Heard Mr. A. M. Barbhuiya, learned counsel for the petitioner. Also heard Mr. B. Deuri, learned Government Advocate, for the respondent Nos. 1, 3, & 4; Ms. S. Chutia, learned Standing Counsel, Elementary Education Department, for the respondent Nos. 2 & 6 and Ms. R. M. Baruah, learned Standing Counsel, Finance Department, for the respondent No. 5.

2. The father of the petitioner "Late Abdulla Laskar", while serving as an Assistant Teacher at Bawerghat L. P. School, Hailakandi District, died-in-harness on 14.12.2011. Thereafter, the petitioner made an application for appointment on compassionate grounds on 05.03.2012 for the post of Assistant Teacher in Lower Primary Schools. However, as the case of the petitioner was not considered by the concerned DLC, the petitioner approached this Court by filing WP(C)/3157/2012. The said writ petition was disposed of by Order dated 28.06.2012 directing the respondent authorities to place the case of the petitioner before the District Level Committee and to consider the case in terms Page No.# 3/6

of the criteria laid down in Achyut Ranjan Das & Ors. Vs. State of Assam & Ors, reported in 2006 (4) GLT 674 and in the case of Ms. Faziroon Nessa Vs. State of Assam, reported in 2010 (4) GLT 340.

3. The District Level Committee, Hailakandi in its meeting held on 30.11.2012, however, again rejected the case of the petitioner on the ground that the petitioner had no requisite qualification to be appointed to the post of Assistant Teacher. The District Level Committee, Hailakandi, again in its meeting held on 05.10.2021 rejected the case of the petitioner on the ground that the petitioner did not have the requisite qualification for the post of Assistant Teacher in Lower Primary Schools and also on the ground that the application has lost its force.

4. Being aggrieved, the petitioner approached this Court by filing WP(C)/884/2022 which was disposed of by Order dated 03.11.20222 by applying the ratio laid down in the case of Trailokya Nath Vs. State of Assam & Ors reported in 2016 (5) GLT 310 directed the respondents to place the case of the petitioner in the next immediate sitting of the District Level Committee. Further direction was given that while considering the case of the petitioner, if the District Level Committee finds there is no vacancy to accommodate the petitioner to a post meant for compassionate appointment commensurate to her qualification, the District Level Committee may resort to Clause-15 of the Office Memorandum dated 01.06.2015, issued by the Department of Personnel : Personnel (B), Government of Assam.

Page No.# 4/6

5. Thereafter, the District Level Committee, Hailakandi in its meeting held on 19.09.2023 recommended the case of the petitioner for appointment to the post of Assistant Teacher in Lower Primary Schools subject to verification of income & unemployed certificates from the Circle Officer & verification of the documents with the original ones.

6. 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.

7. 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:-

(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, Page No.# 5/6

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 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."

8. Mr. B. Deuri, learned Government Advocate, submits that as the case of the petitioner has been recommended by the DLC, Hailakandi in its meeting Page No.# 6/6

held on 19.09.2023 and further taking into consideration the Order dated 03.04.2025 passed by this Court in WP(C) No. 342/2025 along with a batch of other writ petitions, the case of the petitioner can now be considered by the SLC.

9. Recording the submission 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 of 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 also be communicated to the petitioner forthwith.

10. With the above observations and directions, this writ petition is disposed of.

JUDGE

Comparing Assistant