Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2773/2025 SAGAR CHANDA S/O SUSHIL CHANDA R/O GACH KALIBARI ROAD WARD NO 6 PO ND PS KARIMGANJ PIN 788710 VERSUS THE STATE OF ASSAM AND ORS REP 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 6 3:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM PERSONNEL DEPTT DISPUR GUWAHATI 6 4:THE SECRETARY TO THE GOVT OF ASSAM DEPTT OF SCHOOL EDUCATION DISPUR GUWAHATI 6 5:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI 19 6:THE DISTRICT COMMISSIONER CUM CHAIRMAN OF DISTRICT LEVEL COMMITTEE (DLC) KARIMGANJ FOR APPOINTMENT ON COMPASSIONATE GROUND KARIMGANJ ASSAM PIN 78871 Advocate for the Petitioner : MRS R BEGUM, MS. S B CHOUDHURY Advocate for the Respondent : SC, ELEM. EDU, GA, ASSAM
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BEFORE HON’BLE MR. JUSTICE NELSON SAILO
26.06.2025 Heard Ms. S.B. Choudhury, learned counsel for the petitioner. Also heard Mr. B. Deuri, learned Government Advocate, Assam for the respondent Nos.1, 2, 3 and 6 and Mr. P.K. Borah, learned Standing Counsel, Elementary Education Department for the respondent Nos.4 and 5. (2) Having regard to the grievance projected by the petitioner, this writ petition is taken up for disposal at the motion stage itself. (3) It is the case of the petitioner that since he was not considered for compassionate appointment by the District Level Committee (DLC) of Karimganj, he approached this Court by filing WP(C) 5298/2023 and the same was
disposed of by this Court vide order dated 22.09.2023 by directing the respondent authority concerned to place the case of the petitioner before the DLC, Karimganj. Pursuant thereto the DLC in its meeting held on 30.11.2023 considered the case of the petitioner but could not recommend his name due to want of vacancy. However, the DLC at the same time decided to recommend the petitioner for appointment against any admissible vacancy in Grade-IV posts of any other Administrative Departments in terms of paragraph 15 of the Office Memorandum dated 01/06/2015. Despite the same, since the petitioner’s case has not been considered by the State Level Committee (SLC), he is 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
Page No.# 3/4 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. Those 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 since DLC, Karimganj recommended the name of the petitioner for consideration against any admissible Grade-IV posts under any Administrative Department in its meeting held on 30.11.2023, the case of the petitioner is squarely covered by the above- referred order dated 03.04.2025. Learned counsel for the petitioner, therefore, submits that the case of the petitioner be placed before the SLC for
consideration as per the recommendation made by the DLC. (6) At this stage, learned Government Advocate, Assam submits that the DLC while recommending the name of the petitioner for appointment, also asked the District Elementary Education Officer (DEEO), Karimganj to take immediate steps in terms of the decision of the DLC and, therefore, he submits that an observation to that effect be made by this Court. (7) Considering the submission made by the learned counsel for the parties and upon perusal of the materials available on record, this writ petition is
disposed of by directing the respondent No.4, the Secretary to the Government of Assam, Department of School Education to place the case of the petitioner before the next SLC meeting in order to enable the SLC to take appropriate decision on the matter. Further, the respondent No.5, the Director of Elementary Education, Assam shall instruct the DEEO, Karimganj to take necessary steps for
Page No.# 4/4 identifying the vacancy position in other Administrative Department to accommodate the petitioner in terms of the decision taken by the DLC, Karimganj in its meeting held on 30.11.2023. With the above observation and directions, this writ petition stands
disposed of.
JUDGE Comparing Assistant