Gauhati High Court
Page No.# 1/4 vs The State Of Assam And Ors on 30 May, 2025
Page No.# 1/4
GAHC010109632025
2025:GAU-AS:7012
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2883/2025
SMTI KARISHMA KONWAR
DAUGHTER OF LATE JITEN KONWAR. RESIDENT OF VILL.- RATANPUR,
HOUSE NO. 108, P.O.- DHEMAJI, P.S.- DHEMAJI, DIST.- DHEMAJI, PIN-
787057, ASSAM.
VERSUS
THE STATE OF ASSAM AND ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, EDUCATION (ELEMENTARY) DEPARTMENT,
DISPUR, GUWAHATI - 06, ASSAM.
2:THE CHIEF SECRETARY CUM CHAIRMAN TO THE GOVERNMENT OF
ASSAM
STATE LEVEL COMMITTEE
DISPUR
GUWAHATI-6
ASSAM.
3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM
KAHILIPARA
GUWAHATI19.
4:THE DISTRICT COMMISSIONER
DHEMAJI
DISTRICT- DHEMAJI
PIN-787057
ASSAM.
5:THE DISTRICT ELEMENTARY EDUCATION OFFICER
DHEMAJI
DISTRICT- DHEMAJI
Page No.# 2/4
PIN787057
ASSAM
Advocate for the Petitioner : MR A GOHAIN,
Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU
BEFORE
HON'BLE MR. JUSTICE KARDAK ETE
ORDER
30.05.2025
Heard Mr. A. Gohain, learned counsel for the petitioner. Also heard Ms. S.
Konwar, learned State Counsel for the respondent nos.1, 2 and 3 and Mr. S.M.T.
Chisti, 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 father of the petitioner had died in harness on 27.08.2013 while as
Assistant Teacher, Gohaingaon M.V. School, in the Dhemaji District. The
petitioner submitted an application for appointment on compassionate ground,
the District Level Committee, Dhemaji vide its meeting dated 04.06.2015 has
recommended the name of the petitioner. However, the State Level Committee
vide letter dated 20.07.2017 has rejected the case of the petitioner, on the
ground that the petitioner is under qualified.
Aggrieved by the rejection of State Level Committee, the petitioner has
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approached this Court being WP(C) 3302/2024. By an order dated 27.06.2024,
this Court has disposed of the matter and remanded back the case of the
petitioner to the State Level Committee for fresh consideration.
Mr. A. Gohain, learned counsel for the petitioner submits that while pending
consideration of the case of the petitioner, the respondent authorities vide office
memorandum dated 18.09.2024 has decided not to entertain any case claiming
appointment on compassionate ground. The said office memorandum dated
18.09.2024 was put to challenge in a batch of writ petitions, leading case being
WP(C) No.342/2025, which were disposed of by the 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 and 3 and Mr.
S.M.T. Chisti, 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 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
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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 the next sitting of the
Committee.
Writ Petition stands disposed of with the above direction.
JUDGE
Comparing Assistant
