Page No.# 1/5 GAHC010108922025 2025:GAU-AS:6828 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2770/2025 PARVEEN SULTANA D/O LT KARAMAT ALI R/O ZHALGAM PO RATABARI PS AND DIST KARIMGANJ ASSAM PIN 788735 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 Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR ORDER Date : 28.05.2025 Heard Ms. S. B. Choudhury, learned counsel for the petitioner. Also heard Ms. S. Konwar, learned Govt. Advocate for the respondent Nos. 1, 2, 3 and 6 and Ms. S. Chutia, learned standing counsel, Elementary Education Department for the respondent Nos. 4 and 5. 2. The father of the petitioner late Karamat Ali, while serving as Head Teacher in Gandharajbari M.E. School, in Karimganj district, died in harness on 24.04.2015. Thereafter, the petitioner made an application for appointment on compassionate grounds on 15.12.2015. However, as the case of the petitioner was not considered by the concerned DLC, the petitioner approached this Court by filing WP(C)/5143/2023, which was disposed of on 08.09.2023, directing the District Elementary Education Officer, Karimganj to place the application of the petitioner before the next available DLC of Karinganj district for its consideration. 3. The District Level Committee, Karimganj in its meeting held on 30.11.2023, recommended the case of the petitioner for appointment on compassionate grounds in a vacant post of Assistant Teacher in the Upper Primary Level School. 4. In the meantime the Personnel (B) Department, Government of Assam, issued an Office Memorandum on 18.09.2024, wherein it is stated that no cases for appointment on compassionate ground to the family member of State Page No.# 3/5 Government employees who died-in-harness or retired prematurely on being declared permanently incapacitated for service or missing and whose whereabouts is not known prior to 31.03.2017, shall be entertained by any Administrative Department/Authority for any reason whatsoever nor be placed before the SLCs/DLCs for recommendation of candidates for appointment on compassionate ground. 5. The said Office Memorandum dated 18.09.2024, was challenged in a number of writ petitions and the leading case was WP(C) No. 342 of 2025. This batch of writ petitions were disposed of by an Order dated 03.04.2025, wherein, the operative portion reads as under: ” 9. In view of the consent of the learned counsels for the parties, all the writ petitions that are pending as on today, i.e., 03.04.2025, in the Gauhati High Court, which have put to challenge the impugned OM dated 18.09.2024, are to be decided as follows:- (i) All the applications for compassionate appointment submitted by the petitioners shall be considered and disposed of by the concerned DLC/SLC on merit, by taking into consideration the various guidelines prior to 01.04.2017, laid down by the State Government for compassionate appointment and the judgments of the Hon’ble Supreme Court and the High Court. Consequently, the rejection of all compassionate appointments by the DLC/SLC, which have been put to challenge and are pending in the Gauhati High Court as on 03.04.2025, are set aside. (ii) The entire process for considering the various applications for compassionate appointment and the decision to be taken in each case by the concerned authorities, should be completed within a period of six months from the date of receipt of a certified copy of this order by the concerned District Commissioner, who is also the Chairman of the DLC, if the matter pertains to the DLC. In other cases, the Chief Secretary to the Government of Assam, who Page No.# 4/5 is the Chairman of the SLC, if the matter pertains the SLC. 10. It is made clear that in view of the consent of the parties, this Court has not gone into the merits of any of the petitioners’ cases that are being disposed of by way of this order and as such, the applications for compassionate appointment should be disposed of by the concerned authorities on merit, as they deem it fit and proper. The decision/s to be taken by the concerned authorities should be based on reasons and the decision taken should be communicated to the petitioners thereafter. It is also directed that while deciding the applications for compassionate appointment, the respondents cannot take recourse to the impugned OM dated 18.09.2024, though the judgment provided therein, i.e., the case of Debabrata Tiwari (supra), can be considered/applied by the concerned authorities. It is again made clear that this order cannot be used as a precedent for cases that are filed on 04.04.2025 and thereafter. It shall only apply to cases that are pending before this Court as on 03.04.2025. 11. The writ petitions are accordingly disposed of.” 6. Ms. S. Konwar, learned Government Advocate, submits that as the case of the petitioner has already been recommended by the DLC, Karimganj in its meeting held on 30.11.2025 and in view of the order dated 03.04.2025 passed by this Court in WP(C)/342/2025 and a batch of writ petitions, the case of the petitioner can now be considered by the SLC. 7. Accordingly, recording the submission made by the learned Government Advocate, this writ petition is disposed of directing the SLC to consider the case of the petitioner in accordance with law and also on the basis of the recommendation made by the DLC, Karimganj on 30.11.2023 in its next immediate sitting. 8. However if the case of the petitioner has already been considered, the outcome of such consideration shall also be communicated to the petitioner forthwith. Page No.# 5/5 9. With the above observations and directions, this writ petition stands disposed of. JUDGE Comparing Assistant