Page No.# 1/4 GAHC010086482023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2236/2023 HAFIZUR RAHMAN S/O- LATE IBRAHIM ALI, VILL- BORPOKA, P.O. TARABARI, P.S. RUPAHI HAT, DISTRICT- NAGAON, ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS REP. BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, DISPUR, GHY-06 2:THE SECRETARY TO THE GOVT. OF ASSAM SECONDARY EDUCATION DEPTT. DISPUR- 06 ASSAM 3:DIRECTOR OF SECONDARY EDUCATION GOVERNMENT OF ASSAM KAHILIPARA GHY- 781021 4:DEPUTY COMMISSIONER NAGAON 5:INSPECTOR OF SCHOOLS NAGAON ASSA Advocate for the Petitioner : MR. D P CHALIHA, MS. N GOGOI,MS M ROY Advocate for the Respondent : GA, ASSAM, MR. R MAZUMDAR, (R-2,3 & 5 ) ,MR A CHAKRABORTY, GA, (R- 1 & 4 ),SC, SEC. EDU. Page No.# 2/4 BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 15.09 .2025 Heard Ms. N. Gogoi, learned counsel for the petitioner. Also heard Mr. B. Deuri, learned Government Advocate, appearing for the respondent Nos.1 and 4 and Ms. P. Das, learned standing counsel, Secondary Education Department, appearing for the respondent Nos.2, 3 and 5. 2. In this petition, under Article 226 of the Constitution of India, the petitioner has challenged the order dated 07.04.2015 passed by the State Level Committee (SLC), by which the prayer of the petitioner for being appointed on compassionate ground, was dismissed on account of non-availability of post. 3. Ms. Gogoi, learned counsel for the petitioner submits that the petitioner is the son of Late Ibrahim Ali, who died in harness on 01.06.2014, while he was serving in the post of Grade-IV in Tarabari High School, Nagaon, Assam. After the death of his father, the petitioner had filed an application on 05.08.2014, to the Deputy Commissioner, Nagaon, for being appointed on compassionate ground in Grade-IV post. Thereafter, the District Level Committee (DLC) had considered the case of the petitioner and recommended his name for being placed before the SLC for consideration. But the SLC, in its meeting held on 07.04.2015, had rejected the claim of the petitioner on account of non-availability of post. Thereafter, the petitioner approached this Court by filing a writ petition, being WP(C) No.4980/2015, and this Court was pleased to dismiss the same, vide order dated 19.09.2016. Thereafter, the petitioner has filed another writ petition, being WP(C) No.6624/2021 and this Court vide order dated 10.12.2021 had also dismissed the petition at the motion stage. Thereafter, the petitioner has filed one RTI application on 28.03.2023 inquiring about the availability of the vacancies and in the RTI reply, dated 03.04.2023, Page No.# 3/4 the Inspector of Schools, NDC, Nagaon, reported that presently there are total 284 nos of Grade-IV posts lying vacant in different departments and on such count, the petitioner has approached this Court by filing the present petition directing the respondent authorities to place the case of the petitioner before the SLC, in view of the available vacancies in different departments, in view of Clause 15 of the O.M. dated 01.06.2015. 4. Mr. Deuri, learned Government Advocate appearing for the respondent Nos.1 and 4 also submits that in view of Clause 15 of the O.M. dated 01.06.2015, and in view of the vacancies being available, as indicated in the RTI reply dated 03.04.2023, by the Inspector of Schools, Nagaon, the matter may be directed to be placed before the SLC for a fresh consideration. 5. Having heard the submission of learned counsel for both the parties, I have carefully gone through the petition and the documents placed on record and also perused the O.M. dated 01.06.2015, specially the Clause 15, which provides that if sufficient vacancies are not available in any particular office to accommodate the persons in the waiting list for compassionate appointment, it is open to the Administrative Department/Office to take up the matter with other Departments/Offices of the Government to provide at an early appointment on compassionate grounds to those in the waiting list. 6. The recommendation of the DLC, Nagaon, held on 09.01.2015 indicates that the case of the petitioner was recommended in Grade-IV post. However, the minutes of the meeting of the SLC, dated 07.04.2015, indicates that the case of the petitioner could not be considered due to non-availability of post. However, the RTI reply dated 03.04.2023, given by the Inspector of Schools, Nagaon, indicates that as many as 284 nos. of Grade- IV posts are lying vacant in different departments, which is annexed with the petition as Annexure-E. 7. In view of above and also in view of Clause 15 of the O.M. dated 01.06.2015, this Court is inclined to dispose of this petition by directing the respondent authorities to consider the case of the petitioner under Clause 15 of the O.M. dated 01.06.2015, in any Page No.# 4/4 of the 284 nos. of Grade-IV posts lying vacant in the district of Nagaon. 8. The aforementioned exercise has to be carried out by the respondent authorities within a period of 2(two) weeks from the date of receipt of certified copy of this order. The petitioner shall obtain a certified copy of this order and shall place the same before the respondent authorities within a period of one week from today. Comparing Assistant Sd/- Robin Phukan JUDGE