Citation : 2025 Latest Caselaw 7818 Gua
Judgement Date : 15 October, 2025
Page No.# 1/3
GAHC010217302025
2025:GAU-AS:13745
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5742/2025
RANADHIR ADHIKARY
S/O- LATE PURNENDU ADHIKARY.
VILL.- JHAPUSABARI PT-II,
P.O.- JHAPUSABARI, P.S.- AGOMANI, DIST.- DHUBRI, ASSAM, PIN - 783335.
VERSUS
THE STATE OF ASSAM AND ORS
REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF
ASSAM, DISPUR, GUWAHATI-781006.
2:THE CHAIRMAN OF STATE LEVEL COMMITTEE (SLC)
FOR APPOINTMENT ON COMPASSIONATE GROUND
DISPUR
GUWAHATI-781006.
3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM
PERSONAL DEPARTMENT
DISPUR
GUWAHATI-781006.
4:THE SECRETARY TO THE GOVERNMENT OF ASSAM
DEPARTMENT OF SCHOOL EDUCATION
DISPUR
GUWAHATI-6.
5:THE DISTRICT ELEMENTARY EDUCATION OFFICER (DEEO)
DHUBRI
ASSAM
PIN - 783301.
Page No.# 2/3
6:THE DISTRICT COMMISSIONER CUM CHAIRMAN OF DISTRICT LEVEL
COMMITTEE (DLC)
DHUBRI
FOR APPOINTMENT ON COMPASSIONATE GROUND
DHUBRI
ASSAM
PIN - 783301
Advocate for the Petitioner : MR. N HOSSAIN,
Advocate for the Respondent : SC, ELEM. EDU, GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE NELSON SAILO
ORDER
Date : 15.10.2025
Heard Mr. N. Hossain, learned counsel for the petitioner. Also heard Ms. K. Phukan, learned Govt. Advocate for the respondent Nos. 1, 2, 3 and 6 and Mr. P. K. Bora, learned Standing Counsel, Elementary Education Department for the respondent Nos. 4 and 5.
[2.] The learned counsel for the petitioner submits that this is the second time the petitioner is before this Court. The earlier writ petition being WP(C)/1554/2018 was disposed of vide judgment and order dated 19.03.2018, by directing the District Level Committee, Dhubri to reconsider the case of the petitioner for compassionate appointment. Following the said order the DLC, Dhubri in its meeting held on 22.05.2024 accepted the application of the petitioner for compassionate appointment as and when vacancy in Grade-IV post arises. The DLC minutes was thereafter forwarded to the Director as well as the Secretary of the Department on 07.09.2024. However, in the meantime, the State Government in the Personnel (B) Department issued Office Page No.# 3/3
Memorandum dated 18.09.2024, by which compassionate appointment has been stopped in view of the introduction of the Compassionate Family Pension Scheme. A number of similarly situated persons aggrieved with the Office Memorandum, approached this Court and all such cases were disposed of by a common order dated 03.04.2025 and the lead case being WP(C)/342/2025, directing the respondents to consider all pending cases as per the Scheme of the Government. Thereafter, the Personnel Department issued a Notice on 30.08.2025, inviting all interested persons who submit their particulars before the Department for further necessary action. The instant petitioner has also submitted his particulars but apprehending that his case will not be considered he has filed the instant writ petition.
[3.] Considering the fact that the petitioner had submitted particulars within the stipulated time as provided in the notice dated 30.08.2025, the respondent authorities are directed to consider his case by placing the matter before the next SLC. Such consideration shall be done in accordance with law and as per the Scheme.
[4.] The writ petition stands disposed of.
JUDGE
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