Page No.# 1/3 GAHC010105482025 2025:GAU-AS:9381 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2753/2025 SAMINA BEGUM LASKAR D/O LT MOIN UDDIN LASKAR ADDRESS NITAINAGAR PART II PO NITAINAGAR PS HAILAKANDI DIST HAILAKANDI ASSAM VERSUS THE STATE OF ASSAM AND ORS REP BY THE SECRETARY DEPTT OF SCHOOL EDUCATION ASSAM ELEMENTARY DISPUR, GHY- 06 2:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM PERSONNEL (B) DEPTT DISPUR GUWAHATI 6 3:THE DISTRICT COMMISSIONER HAILAKANDI CUM CHAIRAMAN DISTRICT LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT DIST HAILAKANDI ASSAM 4:THE DISTRICT ELEMENTARY EDUCATIION OFFICER HAILAKANDI ASSA Advocate for the Petitioner : MR. K MIRA, Advocate for the Respondent : SC, ELEM. EDU, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 23-07-2025 Heard Mr. S Uddin, learned counsel appearing on behalf of Mr. K Mira, Page No.# 2/3 learned counsel for the petitioner, who submits that by filing this writ petition, the petitioner has sought for considering her case for compassionate appointment in terms of the application submitted by her on 27.05.2008. 2. The learned counsel for the petitioner submits that the father of the petitioner died-in-harness on 14.05.2002 and since she was a minor during that time, she could not apply for appointment. Subsequently, on attaining majority, she submitted her application in the prescribed format on 27.05.2008 and thereafter on 25.06.2009, 01.07.2013, 25.09.2020, 06.08.2021 and 25.09.2021. But since her case was not considered by the District Level Committee (DLC), Hailakandi, the petitioner approached this Court by filing WP(C) 6067/2023. The writ petition was disposed of, vide order dated 13.10.2023 directing the respondent No. 4 to verify the petitioner’s application and thereafter place the same before the next available DLC, Hailakandi for consideration. The petitioner was directed to appear before the Assistant Commissioner, Hailakandi and Executive Magistrate, Hailakandi on 23.09.2024 along with all original documents and certificates. The petitioner appeared, as directed but then her case could not be placed before the DLC, Hailakandi, in view of the Office Memorandum (OM) dated 18.09.2024. Aggrieved, the petitioner is before this Court. 3. When the matter was listed on 23.06.2025, Court directed the learned Government Advocate to obtain instructions, as to whether such verification had taken place or not. Today, Mr. B Deuri, learned Government Advocate submits that as per the instructions received by him, verification of the documents Page No.# 3/3 indeed took place on 23.09.2024 but in view of the OM dated 18.09.2024, the case of the petitioner could not be placed before the DLC, Hailakandi. The learned Government Advocate also submits that from a perusal of the next of kin certificate, it appears that there are 5 (five) members in the family, including the wife of the deceased Government servant. The petitioner appears to be the 3rd eldest daughter amongst the 4 (four) siblings. Therefore, the elder sibling of the petitioner should have applied for compassionate appointment, if the petitioner was a minor at the relevant time. 4. The learned Government Advocate thus submits that there is no immediacy involved in the instant case and that the application has been belatedly submitted. Be that as it may, the documents of the petitioner has been scrutinized/verified on 23.09.2024 and that it is solely on the ground of the OM dated 18.09.2024, the matter could not be placed before the DLC, Hailakandi. Having regard to the direction passed by this Court earlier on 13.10.2023 in WP(C) 6067/2023, which still stands as on today, the respondents are directed to place the case of the petitioner before the next DLC, Hailakandi for consideration. 5. The writ petition is accordingly disposed of. JUDGE Comparing Assistant