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2025 DAILYLAW 12536 (GAU)

ARIBINASH BAYAN v. THE STATE OF ASSAM AND 5 ORS.

WP(C)/2686/2025 · 2025-06-23

Nelson Sailo

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010104252025 2025:GAU-AS:8474 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2686/2025 ARIBINASH BAYAN S/O LATE KRISHNA KANTA BAYAN VILL AND P.O. JANIA, P.S. BARPETA DIST. BARPETA, ASSAM PIN-781314. VERSUS THE STATE OF ASSAM AND 5 ORS. REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT.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 GOVT. OF ASSAM PERSONNEL DEPARTMENT DISPUR GUWAHATI -781006 4:THE SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF SCHOOL EDUCATION DISPUR GUWAHATI-6. 5:THE INSPECTOR OF SCHOOLS BDC BARPETA P.O.AND DIST. BARPETA ASSAM PIN-781301 Page No.# 2/3 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, MR N SARMA,SC, SEC. EDU. BEFORE HON’BLE MR. JUSTICE NELSON SAILO 24.06.2025 Heard Mr. N Sarma, learned counsel for the petitioner. Also heard Ms. S. Konwar, learned Junior Government Advocate, Assam for the respondent Nos.1, 2, 3 and 6 and Ms. P. Das, learned Standing Counsel, Secondary Education Department for the respondent Nos.4 and 5. (2) Having regard to the projection made by the petitioner, the matter is taken up for disposal at this stage. (3) It is the case of the petitioner that his application for compassionate appointment was considered by the District Level Committee (DLC) for Barpeta District in its meeting dated 07.02.2024 and the petitioner was recommended for consideration by the State Level Committee (SLC). In the minutes of the said meeting, the name of the petitioner appeared at Sl. No.2 under the heading “Office of the Inspector of Schools BDC, Barpeta (Vacant post Nil)”. However, in the meantime, the State Government has come up with an Office Memorandum dated 18.09.2024 by which it was notified that no further case for appointment on compassionate ground would be entertained w.e.f. 18.09.2024. A number of Page No.# 3/3 writ petitions were filed challenging the said Office Memorandum and finally those writ petitions were disposed of by a common order dated 03.04.2025 wherein this Court directed that all the pending cases as on 03.04.2025 will be considered by the respondent authorities concerned for compassionate appointment. (4) Learned counsel for the petitioner submits that although the instant writ petition has been filed on 15.05.2025, the case of the present petitioner is also squarely covered by the clarification/observation made by a Coordinate Bench of this Court in WP(C) 2888/2025 (Abul Kalam Azad vs. The State of Assam and others). Learned counsel for the petitioner, therefore, submits that a direction may be issued to the respondent authorities concerned to place the case of the petitioner before the SLC for consideration of his case for compassionate appointment. (5) Upon perusal of the materials available on record, including the orders passed by the Coordinate Bench of this Court referred to hereinabove, this writ petition is disposed of by directing the respondents to place the case of the petitioner before the SLC for consideration. The respondent No.4 shall do the needful for placing the case of the petitioner before the SLC. (6) With the above observation and direction, this writ petition stands disposed of. JUDGE Comparing Assistant