Extracted from the PDF above. The PDF is authoritative.
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2025:GAU-AS:12614
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2774/2025 NILOY DAS S/O LT NIRANJAN DAS VILL ARENGABAD PO CHAAGOLA BAZAR PS BADARPUR DIST KARIMGANJ ASSAM PIN 788720 VERSUS THE STATE OF ASSAM AND ORS REP BY THE CHIEF SECRETARY TO THE GOVT OF ASSAM DISPUR GUWAHATI 6 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 HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 15.09.2025 Heard Ms. S B Choudhury, learned counsel for the petitioner. Also heard Ms. K Phukan, learned Government Advocate and Mr. P N Sharma, learned Standing counsel, Elementary Education Department for the respondents. 2. By way of this writ petition under Article 226 of the Constitution of India, the petitioner is seeking, inter-alia, for a direction to the respondent authorities, more particularly, the State Level Committee (SLC) for compassionate appointment to consider his proposal as per the recommendation made by the District Level Committee (DLC) for compassionate appointment, Karimganj on 30.11.2023 for his appointment on compassionate appointment. 3. The brief facts of the case are that the petitioner’s father, i.e., late Niranjan Das who had been working as a Head Teacher of Jabainpur Lower Primary School in the district of Karimganj died in harness on 07.11.2016 and thereafter, the petitioner on 04.01.2017 submitted an application for appointment on compassionate ground. 4. Subsequently, his case was placed before the DLC, Karimganj and the DLC in its meeting held on 17.07.2017 rejected the case of the petitioner on the ground of Clause-1 of the Office Memorandum dated 01.06.2006, i.e., for not having the balance period of 3 (three) years by the deceased Government servant at the time
Page No.# 3/4 of his death. 5.
Situated thus, the petitioner approached this Court by filing a writ petition, WP(C) No. 2322/2023, wherein the Court after hearing the parties, disposed of the same by setting aside the order of the DLC rejecting the case of the petitioner. It appears that the Court had also remanded the matter back to the respondents for a fresh consideration. 6. Thereafter, the DLC for compassionate appointment, Karimganj by order dated 30.11.2023 recommended the name of the petitioner for consideration of appointment on compassionate ground and requested to obtain approval of the SLC. 7. Today, when the matter is called, Ms. K Phukan, learned Government Advocate placed the instruction addressed by the District Elementary Education Officer, Sribhumi by communication dated 16.06.2025 to the District Commissioner, Sribhumi, wherefrom it appears that the case of the petitioner for appointment on compassionate ground, as approved by the DLC for compassionate appointment, Karimganj, has now been forwarded to the Office of the Secretary to the Government of Assam, Department of School (Elementary) Education for taking further action. 8. She further submits that since the matter shall now be placed before the next meeting of the SLC, the present writ petition can be disposed of accordingly. 9. In view of the aforesaid endorsement made by Ms. K Phukan, learned Government Advocate, vis-à-vis, the communication dated 16.06.2025, which is kept on record and marked as ‘X’, the instant writ petition is disposed of in the interest of justice, by directing the respondents to place the case of the petitioner before the next SLC when the same is convened and the SLC shall consider the case of the petitioner in accordance with law. Page No.# 4/4
10. With the above observation and direction, this writ petition, stands disposed of. JUDGE Comparing Assistant