Gauhati High Court
Page No.# 1/4 vs The State Of Assam And Ors on 14 May, 2025
Page No.# 1/4
GAHC010096222025
2025:GAU-AS:5912
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2481/2025
AMINA KHATUN
D/O LT AZIZUL HOQUE R/O DALGAON KHUTI PO AND PS DALGAON DIST
DARRANG ASSAM PIN 784116
VERSUS
THE STATE OF ASSAM AND ORS
REP BY THE SECRETARY TO THE GOVT OF ASSAM DEPTT OF SCHOOL
EDUCATION ELEMENTARY DISPUR GUWAHATI 6
2:THE STATE LEVEL COMMITTEE (SLC)
REP BY THE CHIEF SECRETARY CUM CHAIRMAN STATE LEVEL
COMMITTEE STATE LEVEL COMMITTEE FOR APPOINTMENT ON
COMPASSIONATE GROUND DISPUR GUWAHATI 6
3:THE DISTRICT LEVEL COMMITTEE (DLC)
REP BY THE DISTRICT COMMISSIONER DARRANG MANGALDAI
DARRANG ASSAM PIN 784125
4:THE DISTRICT ELEMENTARY EDUCATION OFFICER (DEEO) DARRANG
MANGALDAI DARRANG ASSAM PIN 78412
Advocate for the Petitioner : MR. S U AHMED, MR A HAWARI
Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU
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BEFORE
HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR
ORDER
Date : 14.05.2025
Heard Mr. S.U. Ahmed, learned counsel for the petitioner. Also heard Ms.
N. Phukan, learned standing counsel, Elementary Education Department, for the
respondent Nos. 1 & 4 and Mr. B. Deuri, learned Government Advocate, for the
respondent Nos. 2 & 3.
2. The father of the petitioner Late Azizul Hoque, while serving as an Assistant
Teacher at Kuwari Pukhuri Siddiquia M.E. Madrassa in the District of Darrang,
Assam, died in harness on 09.07.2011. Thereafter, the petitioner applied for
compassionate appointment on 03.08.2011. The case of the petitioner was
rejected by the concerned DLC on 10.10.2014 due to want of Unreserved
Category under compassionate grounds. The petitioner, thereafter, filed another
application on 01.08.2024 and the DLC, Darrang in its meeting held on
07.08.2024, recommended the case of the petitioner for appointment as an
Assistant Teacher on compassionate grounds.
3. 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.
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4. 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,
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
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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."
5. Mr. B. Deuri, learned Government Advocate, submits that 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 SLC in its
next immediate sitting.
6. Accordingly, recording the submissions 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 made by the District Level
Committee, Darrang on 07.08.2024 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 forthwith.
7. With the above observations and directions, this writ petition is disposed of.
JUDGE
Comparing Assistant
