Page No.# 1/5 vs The State Of Assam And Oars
2025 Latest Caselaw 4961 Gua

Gauhati High Court

Page No.# 1/5 vs The State Of Assam And Oars on 26 May, 2025

                                                                           Page No.# 1/5

GAHC010104902025




                                                                     2025:GAU-AS:6601
                          THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                             Case No. : WP(C)/2776/2025

           MURSHIDA YEASMIN LASKAR
           D/O LT HABIBUR RAHMAN LASKAR VILL RANGAUTI PART II PO
           RANGAUTI PS AND DIST HAILAKANRI ASSAM


           VERSUS

           THE STATE OF ASSAM AND OARS
           TO BE REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF
           ASSAM PERSONNESL DEPTT DISPUR GUWAHATI 6

           2:THE COMMISSIONER AND SECRETARY
           TO THE GOVT OF ASSAM DEPTT OF SCHOOL EDUCATION DISPUR
           GUWAHATI 6

           3:THE STATE LEVEL COMMITTEE (SLC)
            REP BY YTHE CHIEF SECRETARY TO THE GOVT OF ASSAM DISPUR
           GUWAHATYI 6

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

           5:THE PRINCIPAL SECRETARY
           TO THE GOVT OF ASSAM FINANCE DEPTT DISPUR GUWAHATI 6

           6:THE DIRECTOR
            OF ELEMENTARY EDUCATION DEPTT ASSAM KAHILIPARA GUWAHATI 1

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

Advocate for the Respondent : SC, ELEM. EDU, SC, FINANCE,GA, ASSAM
                                                                                 Page No.# 2/5

                                 BEFORE
                HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR
                                 ORDER

Date : 26.05.2025

1. Heard Mr. A.M. Barbhuiya, learned counsel for the petitioner. Also heard Ms. D.D. Barman, learned Additional Senior Government Advocate for the respondent Nos. 1, 3 & 4; Mr. P.K. Bora, learned standing counsel, Elementary Education Department, for the respondent Nos. 2 & 6 and Mr. A. Chaliha, learned standing counsel, Finance Department, for the respondent No. 5.

2. The father of the petitioner Late Habibur Rahman Laskar, while serving as an Assamese Language Teacher in Bashbari M.E. School, Hailakandi, died in harness on 30.05.2013. The petitioner thereafter made an application praying for appointment on compassionate grounds on 21.04.2014. During the time of filing her application, the petitioner had passed her matriculation examination. While the said application was pending, the petitioner also passed the Higher Secondary Examination in the year, 2017 and subsequently, the petitioner also appeared for betterment and passed the Higher Secondary Examination with above 50% marks in the year, 2019. The District Level Committee, Hailakandi in its meeting held on 05.10.2021 rejected the case of the petitioner on the ground that the petitioner had no requisite qualification at the time when she applied on 21.04.2014 for compassionate appointment.

3. Being aggrieved, the petitioner approached this Court by filing WP(C) No. 6383/2021, which was disposed of on 27.04.2022 with the following directions:

"9. Be that as it may, taking into consideration the stand taken by the learned counsel for the respondents and more particularly, to the Office Memorandum dated 01.06.2015 which categorically mentions that the educational qualification cannot be relaxed and the petitioner admittedly does not have the educational qualification Page No.# 3/5

for being appointed as LP School Teacher, this Court is therefore of the opinion and accordingly directs the Deputy Commissioner, Hailakandi, who is the Chairman of the DLC for appointment, to place the application of the petitioner for consideration for appointment on compassionate ground to any post to which the petitioner is qualified as per her educational qualification. It is clarified that the concerned respondent authorities have to take into consideration the petitioner's qualification as on the date when the petitioner's application is considered and not as per the date on which the petitioner had submitted the application. The respondent No.4 is directed to place the application of the petitioner in the next available DLC meeting for appointment pursuant to submitting the certified copy of this order to the Deputy Commissioner, Hailakandi.

10. With the above direction, the writ petition stands disposed of."

4. Thereafter, the District Level Committee, Hailakandi, in its meeting held on 19.09.2023, considered the case of the petitioner and recommended her case for appointment as an Assistant Teacher in Middle Schools on compassionate grounds 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 Page No.# 4/5

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, 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 Page No.# 5/5

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."

7. Ms. D.D. Barman, learned Additional Senior Government Advocate, submits that as the case of the petitioner has already been recommended by the District Level Committee, Hailakandi in its meeting held on 19.09.2023 and also, in view of 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 in its next immediate sitting.

8. Accordingly, recording the submissions made by the learned Additional Senior Government Advocate, this writ petition is disposed of directing the State Level Committee to consider the case of the petitioner in terms of the recommendation made by the District Level Committee, Hailakandi 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 State Level Committee, the outcome of such consideration shall also be communicated to the petitioner forthwith.

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

JUDGE Comparing Assistant