Gauhati High Court
Page No.# 1/5 vs The State Of Assam And Ors on 30 May, 2025
Page No.# 1/5
GAHC010112182025
2025:GAU-AS:7011
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2878/2025
SARIMUL HOQUE MAZUMDER
S/O. LATE SAWKAT ALI MAZUMDER, VILL. NITAINAGAR PT-III, P.O.
NITAINAGAR, DIST. HAILAKANDI, ASSAM, PIN 788155.
VERSUS
THE STATE OF ASSAM AND ORS
REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR,
GUWAHATI- 781006.
2:THE CHAIRMAN OF STATE LEVEL COMMITTEE (SLC)
FOR THE APPOINTMENT ON COMPASSIONATE GROUND
DISPUR
GUWAHATI- 781006.
3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
PERSONNEL DEPT.
DISPUR
GUWAHATI- 781006.
4:THE SECRETARY TO THE GOVT. OF ASSAM
DEPT. OF SCHOOL EDUCATION
DISPUR
GUWAHATI- 6.
5:THE DISTRCT ELEMENTARY EDUCATION OFFICER (DEEO)
HAILAKANDI
ASSAM
PIN 788151.
6:THE DISTRCT COMMISSIONER CUM CHAIRMAN OF DIST. LEVEL
COMMITTEE (DLC)
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HAILAKANDI FOR APPOINTMENT ON COMPASSIONATE GROUND
HAILAKANDI
ASSAM
PIN 788151
Advocate for the Petitioner : MR. A DEKA, MR. N HOSSAIN
Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU
BEFORE
HON'BLE MR. JUSTICE KARDAK ETE
ORDER
30.05.2025
Heard Mr. A. Deka, learned counsel for the petitioner. Also heard Ms. S.
Konwar, learned State Counsel for the respondent nos.1, 2, 3 and 6 and Mr. A.
Phukan, learned Standing Counsel, Elementary Education Department for the
respondent nos.4 and 5.
Having considered the limited grievance raised in this writ petition, the
same is disposed of by this order, at the motion stage.
The petitioner claims to be the son of late Sawkat Ali Mazumder, who was
serving as Grade-IV employee in the office of the Deputy Inspector of School,
Hailakandi in the district of Hailakandi, Assam and died in harness on
11.04.1998, has applied for appointment on compassionate ground on
03.07.2007.
Having been rejected by DLC, the petitioner has approached this Court
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being WP(C) 1592/2022. This Court vide an order dated 23.05.2022 has
disposed of the above writ petition by set aside the rejection by the District
Level Committee (DLC) minutes dated 05.10.2021 and remanded the matter
back to the concerned DLC for fresh consideration of the case of the petitioner.
Accordingly, the DLC vide minutes of the meeting dated 19.09.2023 has
recommended the name of the petitioner along with others for appointment in
the post of Asstt. Teacher in L.P. School on compassionate ground to the State
Level Committee (SLC).
Mr. A. Deka, learned counsel for the petitioner submits that during the
pendency for consideration of the case of the petitioner, the State respondents
have issued the O.M. dated 18.09.2024, whereby the authorities have decided
not to entertain any case claiming appointment on compassionate ground. He
submits that the O.M. dated 18.09.2024 was put to challenge by some of the
petitioners in a batch of writ petitions, leading case being WP(C) No.342/2025,
which were disposed of by an order dated 03.04.2025. Although, this Court has
not interfered with the said O.M. dated 18.09.2024, a direction was issued to
the respondent authorities to consider those cases which were pending before
18.09.2024. He submits that in view of the order dated 03.04.2025, in the
above batch of writ petitions, the case of the petitioner may also be directed to
be considered as the said order squarely covers the case of the petitioner.
Ms. S. Konwar, learned State Counsel for the respondent nos.1, 2, 3 and 6
and Mr. A. Phukan, learned Standing Counsel, Elementary Education
Department for the respondent nos.4 and 5 have fairly submitted that the order
of this Court dated 03.04.2025, in fact would cover the case of the petitioner.
Having considered that the issue of similar nature has been considered
and disposed of by this Court in a batch of writ petitions, leading case being
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WP(C) No.342/2025, and after consideration of submissions of learned counsel
for the parties and also perusal of the said order dated 03.04.2025, I am of the
considered view that the said order would cover the case of the petitioner.
The order dated 03.04.2025, passed in WP(C) No.342/2025 and other batch of
writ petitions is reproduced here-in-below:-
"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 Page No.# 4/5 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 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."
In view of above, I deem it appropriate to dispose of this writ petition directing
the respondent authorities to consider the case of the petitioner. Accordingly, it
is directed that the respondents, particularly, the State Level Committee shall
consider the case of the petitioner, in terms of the recommendation made by
the DLC, Hailakandi, dated 19.09.2023, in the next sitting of the Committee.
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Writ Petition stands disposed of with the above direction.
JUDGE
Comparing Assistant
