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2025 DAILYLAW 12559 (GAU)

DURLOV BORAH v. THE STATE OF ASSAM AND 5 ORS.

WP(C)/2903/2025 · 2025-06-25

Nelson Sailo

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010105612025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2903/2025 DURLOV BORAH S/O LATE AMBESWAR BORAH VILL- NO. 2 AGARGURI P.O. GORCHIGA P.S. NORTH LAKHIMPUR DIST. LAKHIMPUR, ASSAM , PIN-787053 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 COMMITEE (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 DISTRICT ELEMENTARY EDUCATION OFFICER Page No.# 2/4 LAKHIMPUR ASSAM PIN- 787001. 6:THE DISTRICT COMMISSIONER CUM CHAIRMAN OF DISTRICT LEVEL COMMITTEE (DLC) LAKHIMPUR FOR APPOINTMENT ON COMPASSIONATE GROUND NORTH LAKHIMPUR ASSAM PIN-78700 Advocate for the Petitioner : MR. M MONDAL, MR. N HOSSAIN Advocate for the Respondent : SC, ELEM. EDU, GA, ASSAM BEFORE HON’BLE MR. JUSTICE NELSON SAILO 26.06.2025 Heard Mr. N. Hossain, learned counsel for the petitioner. Also heard Ms. S. Konwar, learned Government Advocate, Assam for the respondent Nos.1, 2, 3 and 6 and Ms. N. Phukan, learned Standing Counsel, Elementary Education Department for the respondent Nos.4 and 5. (2) Having regard to the nature of the case projected by the petitioner, this writ petition is taken up for disposal at the motion stage itself. (3) This is second time the petitioner is before this Court. Petitioner’s first writ petition, being, WP(C) 1766/2022 was disposed of by this Court vide order dated 14.03.2022 by interfering with the rejection of the petitioner’s application for compassionate appointment by the District Level Committee (DLC) of Lakhimpur district on the ground that the petitioner was under age on the date of submission of his application and accordingly, directed the DLC concerned to reconsider the case of the petitioner. Thereafter, the DLC, Lakhimpur in its Page No.# 3/4 meeting held on 07.07.2023 recommended the name of the petitioner for compassionate appointment as LP Teacher under the office of the District Elementary Education Officer (DEEO), Lakhimpur. In the minutes of the said meeting, the petitioner’s name was reflected at Sl.No.11. However, despite the said recommendation, since the petitioner’s case has not been considered by the State Level Committee (SLC) till date, the petitioner is again before this Court. (4) At this stage, it is brought to the notice of the Court that the State Government, in the meantime, has come up with an Office Memorandum dated 18.09.2024 by which appointment on compassionate ground has been stopped in view of introduction of the Compassionate Family Pension Scheme. Aggrieved with the same, a number of writ petitions were filed before this Court wherein the leading case is WP(C) 342/2025. The writ petitions were disposed of by a common order dated 03.04.2025 with the direction that all pending applications be considered by the DLC/SLC concerned in terms of the prevailing guidelines of the State Government. (5) Learned counsel for the petitioner submits that the petitioner was recommended for compassionate appointment by the DLC on 07.07.2023 and a Coordinate Bench of this Court by order dated 09.05.2025 passed in WP(C) 2429/2025 relying upon the above-referred order dated 03.04.2025, directed the SLC to consider the case of the petitioner in terms of the recommendation made by the DLC. Learned counsel for the petitioner, therefore, submits that the instant writ petition may be disposed of in the similar manner. (6) In view of the above, this writ petition is disposed of by directing the respondent No.4, i.e. the Secretary to the Government of Assam, Department of School Education to place the case of the petitioner before the next SLC Page No.# 4/4 meeting for consideration of the petitioner’s case for appointment on compassionate ground in terms of the recommendation made by the DLC, Lakhimpur in its meeting held on 07.07.2023. JUDGE Comparing Assistant