Page No.# 1/4 GAHC010108872025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2859/2025 ALFAJ UDDIN MAZUMDER ALIAS ALFAZ UDDIN MAZUMDER S/O LATE TAHIR ALI MAZUMDER, R/O- VILLAGE- DHOLAI MOLAI PART- III, P.O. DHOLAI T.E., P.S. KATLICHERRA, DIST- HAILAKANDI, ASSAM 788165 VERSUS THE STATE OF ASSAM AND OTHERS TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, ELEMENTARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI-6 2:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM PERSONNEL DEPARTMENT DISPUR GUWAHATI-6 3:THE DIRECTOR ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 4:THE STATE LEVEL COMMITTEE (FOR COMPASSIONATE APPOINTMENT) TO BE REPRESENTED BY ITS CHAIRMAN DISPUR GUWAHATI-6 Page No.# 2/4 5:THE DISTRICT LEVEL COMMITTEE HAILAKANDI (FOR COMPASSIONATE APPOINTMENT) REPRESENTED BY ITS CHAIRMAN/DISTRICT COMMISSIONER HAILAKANDI P.O. P.S. AND DISTRICT- HAILAKANDI ASSAM 6:THE DISTRICT ELEMENTARY EDUCATION OFFICER HAILAKANDI DISTRICT P.O. P.S. AND DISTRICT- HAILAKANDI ASSAM PIN-78815 Advocate for the Petitioner : MR. R A CHOUDHURY, MR. T A CHOUDHURY,MR. R A MAZUMDER Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 25.09.2025 Heard Mr. R.A. Choudhury, learned counsel for the petitioner; Mr. P.N. Sarma, learned standing counsel for the Elementary Education Department, respondent Nos. 1, 3 & 6; and Ms. K. Phukan, learned Junior Government Advocate for the respondent Nos. 2, 4 & 5. 2. Mr. Choudhury, learned counsel for the petitioner submits that the father of the petitioner, namely Tahir Ali Mazumder, was serving as a Hindi Teacher in Ujan Dholai Agrahari M.E. School in the district of Hailakandi and he died in harness on 19.11.2004. Thereafter, the petitioner, being eligible, had submitted an application on 08.05.2005, before the District Elementary Education Officer, Hailakandi (DEEO hereinafter), for being appointed on compassionate ground. But, the DEEO, instead Page No.# 3/4 of placing the said application before the District Level Committee, Hailakandi (DLC hereinafter), forwarded the same directly to the Commissioner and Secretary to the Government of Assam in the Elementary Education Department. 2.1. Further submission of Mr. Choudhury is that the petitioner had preferred one writ petition, being W.P.(C) No. 1244/2006, wherein this Court, vide order dated 01.03.2006, had directed the respondent authorities to consider the case of the petitioner. But, the same has not yet been considered and therefore, the petitioner has approached this Court by filing the present petition praying for issuing direction to the respondent authorities to place the case of the petitioner before the DLC for consideration for being appointed on compassionate ground in any Grade – III or Grade – IV post under the Government of Assam. 3. On the other hand, Mr. Sarma, learned standing counsel for the Elementary Education Department submits that pursuant to order of this Court dated 30.05.2025, he has obtained instructions and as per his instructions, the Director of Elementary Education Department had written a letter to the Secretary to the Government of Assam on 26.06.2025. 3.1. Further submission of Mr. Sarma is that in view of the order being passed by this Court in W.P.(C) No. 1244/2006, the Director of Elementary Education Department is not in a position to take a decision in the matter of appointment on compassionate ground. Further, since the matter has not been placed before the DLC, this writ petition may be disposed of by directing the respondent authorities to place the matter before the DLC, Hailakandi. 4. Accordingly, taking note of the submissions of learned counsel for both the parties, this Court is inclined to dispose of this petition by directing the respondent authorities to place the case of the petitioner before the DLC, Hailakandi. 5. On such matter being placed before the DLC, Hailakandi, the said DLC shall Page No.# 4/4 consider the same in accordance with law and the above mentioned exercise has to be carried out within a period of 3 (three) months from the date of receipt of the certified copy of this order. 6. The petitioner shall obtain a certified copy of this order and place the same before the respondent authorities within a period of 1 (one) week from today. JUDGE Comparing Assistant