Page No.# 1/5 GAHC010084052025 2025:GAU-AS:6600 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2272/2025 NASHIMA AKTAR LASKAR D/O- LATE ATABUR RAHMAN LASKAR, R/O- VILL- KACHUDARAM PT I, P.O- KACHUDARAM, DIST- CACHAR, ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE SECRETARY TO THE GOVT.OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, DISPUR, GHY-06 2:THE STATE LEVEL COMMITTEE ON COMPASSIONATE APPOINTMENT REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR GUWAHATI-06 3:THE DIRECTOR OF ELEMENTARY EDUCATION KAHILIPARA GUWAHATI-19 4:THE DISTRICT LEVEL SCRUTINY COMMITTEEE FOR COMPASSIONATE APPOINTMENT REPRESENTED BY ITS CHAIRMAN CUM DISTRICT COMMISSIONER CACHAR P.O. AND DIST- CACHAR ASSAM PIN-788151 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER CACHAR SILCHAR P.O. AND DIST- CACHAR PIN-78815 Advocate for the Petitioner : MR. M KHAN, MS J AKTAR,MR A K DAS Page No.# 2/5 Advocate for the Respondent : SC, ELEM. EDU, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR ORDER Date : 26.05.2025 Heard Mr. M. Khan, learned counsel for the petitioner. Also heard Ms. S. Chutia, learned Standing Counsel, Elementary Education Department, for the respondent Nos. 1, 3 & 5 and Mr. B. Deuri, learned Government Advocate, for the respondent Nos. 2 & 4. 2. The father of the petitioner “Late Atabur Rahman Laskar”, while serving as Assistant Teacher in Mokon Mia M. E. School at Dakshin Mohanpur Part-V, Barkhalpar under Sonai Education Block in Cachar district, died-in-harness on 26.06.2014. Thereafter, the petitioner made an application on 17.07.2014 before the District Elementary Education Officer, Cachar, praying for appointment on compassionate grounds. 3. The District Level Committee, Cachar, in its meeting held on 23.12.2014 considered the case of the petitioner, however, the said DLC made an observation that the percentage of the petitioner was below for teachership. Thereafter, certain process was taken to reconsider the case of the petitioner. Accordingly, the Deputy Secretary to the Government of Assam, Department of School Education by a Communication dated 06.06.2023 addressed to the Deputy Commissioner, Cachar, forwarded the application of the petitioner for appointment on compassionate grounds with a request to take necessary steps for placing the case of the petitioner in the next DLC for any post she is eligible as per norms, provided vacancies are available as per rules. The In-charge Page No.# 3/5 District Elementary Education Officer, Cachar, by a Communication dated 17.08.2023 also wrote to the Additional Deputy Commissioner, Cachar submitting the particulars of the petitioner for appointment 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. 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 Page No.# 4/5 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.” 5. Mr. B. Deuri, learned Government Advocate, submits that in view of the Order dated 03.04.2025 passed by this Court in WP(C) No. 342/2025 along with a batch of other writ petitions, the case of the petitioner can now be considered by the DLC. 6. Recording the submission made by the learned Government Advocate, this writ petition is disposed of directing the concerned DLC to consider the case of Page No.# 5/5 the petitioner in accordance with law in its next immediate sitting. However, if the case of the petitioner has already been considered by the concerned DLC, the outcome of such consideration shall also be communicated to the petitioner forthwith. 7. With the above observations and directions, this writ petition is disposed of. JUDGE Comparing Assistant