Page No.# 1/5 GAHC010103032025 2025:GAU-AS:6205 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2669/2025 ABDUS SATTAR AHMED S/O LATE MD. NOWJESH ALI, VILL- UDMARI, P.O.- SHOWPUR, P.S.- KALGACHIA, DIST- BARPETA, ASSAM, PIN-781319 VERSUS THE STATE OF ASSAM AND 5 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 PERSONNEL 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 BARPETA P.O. AND DIST- BARPETA ASSAM PIN-781301 Page No.# 2/5 6:THE DISTRICT COMMISSIONER CUM CHAIRMAN OF DISTRICT LEVEL COMMITTEE (DLC) BARPETA FOR APPOINTMENT ON COMPASSIONATE GROUND P.O. AND DIST- BARPETA ASSAM PIN-78130 Advocate for the Petitioner : MR. N HOSSAIN, Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR ORDER Date : 19.05.2025 1. Heard Mr. N. Sarma, learned counsel for the petitioner. Also heard Ms. D.D. Barman, learned Additional Senior Government Advocate, for the respondent Nos. 1, 2, 3 & 6 and Ms. S. Konwar, learned standing counsel, Elementary Education Department, for the respondent Nos. 4 & 5. 2. The father of the petitioner Late Md. Nowjesh Ali while serving as Head Teacher of 938 No. Bamuntari Shoriatpur L.P. School under the District Elementary Education Officer, Barpeta in the District of Barpeta, Assam, died in harness on 08.07.2008. Thereafter, the petitioner made his application for appointment on compassionate grounds within the prescribed time. However, as the case of the petitioner was not placed before the concerned DLC, the petitioner approached this Court by filing WP(C) No. 5256/2008, which was disposed of on 17.12.2008 directing the respondent authorities to process the claim of the petitioner for compassionate appointment in terms of the guidelines laid down in the case of Achyut Ranjan Das Vs. State of Assam & Ors., reported Page No.# 3/5 in 2006 (4) GLT 674. Thereafter, the District Level Committee in its meeting held on 07.12.2022 considered the case of the petitioner and recommended his case for appointment to a vacant post of Assistant Teacher in L.P. School. 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 put to challenge and are pending in the Gauhati High Court as on 03.04.2025, are set aside. Page No.# 4/5 (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. Ms. D.D. Barman, learned Additional Senior Government Advocate, submits that as the case of the petitioner has already been recommended by the DLC, Barpeta in its meeting held on 07.12.2022 and also in view of the Order dated 03.04.2025 passed by this Court 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 Additional Senior Government Advocate, this writ petition is disposed of directing the State Level Committee to consider the case of the petitioner in terms of the Page No.# 5/5 recommendation made by the District Level Committee, Barpeta on 07.12.2022 in its next immediate sitting. In the event, 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