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2025 DAILYLAW 12562 (GAU)

BIJU KUMAR NARAH v. THE STATE OF ASSAM AND ORS

WP(C)/2916/2025 · 2025-06-24

Nelson Sailo

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010105602025 2025:GAU-AS:8535 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2916/2025 BIJU KUMAR NARAH S/O- LATE ANANTA NARAH. VILL.- PUTABIL, P.O.- BORGAYA, KHAGORI, P.S.- NORTH LAKHIMPUR, DIST.- LAKHIMPUR, ASSAM, PIN-787053 VERSUS 1: THE STATE OF ASSAM AND ORS. REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, DISPUR, GUWAHATI- 781006. 2:THE CHAIRMAN OF STATE LEVEL COMMITTE(SLC) FOR APPOINTMENT ON COMPASSIONATE GROUND DISPUR GUWAHATI-781006 3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM PERSONAL 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 LAKHIMPUR ASSAM PIN-787001 6:THE DISTRICT COMMISSIONER CUM CHAIRMAN DISTRICT LEVEL COMMITTE (DLC) LAKHIMPUR FOR APPOINTMENT ON COMPASSIONATE GROUND NORTH LAKHIMPUR ASSAM PIN-787001 Advocate for the Petitioner : MR. M MONDAL, MR. N HOSSAIN Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU Page No.# 2/3 - BEFORE - HON'BLE MR. JUSTICE NELSON SAILO Date : 25-06-2025 Heard Mr. N. Hossain, learned counsel for the petitioner. Also heard Mr. B. Deuri, learned Junior Government Advocate, Assam, appearing for the respondent Nos.1, 2, 3 & 6 and Ms. N. Phukan, learned Standing Counsel, Department of School Education, appearing for the respondent Nos.4 & 5. [2] Having regard to the nature of the grievance projected by the petitioner, the writ petition is taken up for disposal at the motion stage itself. [3] This is the second time the petitioner is before this Court. The earlier writ petition, being WP(C) No.1115/2023, was disposed of by this Court vide order dated 01.03.2023, by directing the respondent authority concerned to place the case of the petitioner before the District Level Committee (DLC), Lakhimpur for considering his case for appointment on compassionate basis. Pursuant to the said direction, the petitioner’s case was taken up by the District Level Committee, Lakhimpur, which met on 07.07.2023 and the petitioner’s name appeared at serial No.7 in the minutes of the said meeting and he was recommended for Grade-IV post under the Office of the District Elementary Education Officer, Lakhimpur. While the petitioner’s case was to be considered by the State Level Committee (SLC), the State Government in the Personnel (B) Department issued Office Memorandum dated 18.09.2024, by which compassionate appointment was to be stopped in view of the introduction of the Compassionate Family Pension Scheme. [4] Aggrieved with the said Office Memorandum, a number of writ petitions were filed before this Court and consequently they were disposed of by Page No.# 3/3 a common judgment & order 03.04.2025, wherein WP(C) No.342/2025 is the lead case, with a direction that the pending cases for compassionate appointment would be considered by the District Level Committee or the State Level Committee concerned in terms of the Guidelines laid down by the State Government. [5] Mr. Hossain, learned counsel for the petitioner submits that the case of the instant petitioner is also squarely covered and further submits that a case of similar nature had also been considered and disposed of vide order dated 09.05.2025 passed in WP(C) No.2429/2025 (Guna Kanta Bharali -Vs- State of Assam & Ors.) (Annexure-5 to the writ petition). [6] Considering the above position, the writ petition is disposed of by directing the Secretary to the Government of Assam, Department of School Education (respondent No.4) to place the case of the petitioner before the next sitting of the State Level Committee for consideration in terms of the recommendation made by the District Level Committee, Lakhimpur on 07.07.2023. [7] With the above observations and directions, the writ petition stands disposed of. J U D G E Comparing Assistant