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2025 DAILYLAW 12943 (GAU)

ABDUL AHAD v. THE STATE OF ASSAM AND OTHRS

WP(C)/2769/2025 · 2025-09-16

Kaushik Goswami

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/4 GAHC010109112025 2025:GAU-AS:12800 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2769/2025 ABDUL AHAD SRIBHUMI, ASSAM VERSUS THE STATE OF ASSAM AND OTHRS REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GUWAHATI-06,ASSAM 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 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 : GA, ASSAM, SC, ELEM. EDU Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 17.09.2025 Heard Ms. S B Choudhury, learned counsel for the petitioner. Also heard Ms. K Phukan, learned Government Advocate, Assam for the State respondents. 2. By way of this writ petition under Article 226 of the Constitution of India, the petitioner is seeking compassionate appointment on the ground that his father died in harness on 07.12.2014 while working as the founder teacher in Bashad M.E. School in the district of Karimganj. 3. By placing the letter dated 16.09.2025 issued by the Office of the District Commissioner, Sribhumi, Ms. K Phukan, learned Government Advocate submits that during the pendency of the instant writ petition, the case of the petitioner has already been recommended by the District Level Committee (DLC) for compassionate appointment, Karimganj and was placed before the concerned Administrative Department to place the same before the next SLC (State Level Committee). 4. Relevant portion of the aforesaid letter dated 16.09.2025 reads as hereunder – “To, K. Phukan, Jr.Govt. Advocate, Assam, Gauhati High Court, Guwahati. Sub: WP(C) No.2769/2025, Abdul Ahad-Vs-The State of Assam & Ors.) Ref: Your letter No.JRGA/KP/2025/9306, dtd.15/09/2025. Sir, With reference to the subject cited above, I have the honour to state that the claim for appointment on compassionate ground in respect of the petitioner Abdul Ahad was placed before the District Level Committee Meeting held on Page No.# 3/4 30/11/2023 after the proposal received from the concerned Sponsoring Authority i.e.. the District Elementary Education Officer, Sribhumi. The DLC in its meeting dated 30/11/2023 examined the all round aspects of the family of the deceased Govt. employee and recommended the applicant Abdul Ahad for appointment against the admissible vacancy in Gr.IV Post of any other Administrative Department/Office in terms of Para-15 of Govt. O.M. No.ABP-50/2006/Pt/182, dtd.01/06/2015 as there was no admissible vacancy of 5% quota in the establishment of DEEO, Sribhumi as per the report submitted by the DEEO. Accordingly, the DEEO, Sribhumi was requested to take immediate steps as per decision of the DLC and to obtain approval of SLC through the concerned Administrative Deptt. immediately vide Minutes No.KPE.96/2023/95 (A), dtd.17/01/2024. The copy of Minutes of DLC dated 30/11/2023 as referred to above is enclosed herewith and marked as Annexure-'A' for kind perusal. This is for favour of your kind information and necessary action. Enclo:- As above 18 sheets Yours faithfully, District Commissioner Sribhumi Memo No. KPE.96/2025/Pt./73 Dated Sribhumi, the 16/09/2025” 5. After hearing the learned counsel for the parties and having perused the aforesaid letter dated 16.09.2025, this Court, in the interest of justice, deems it appropriate to dispose of the instant writ petition, by directing that the case of the petitioner shall be placed before the next SLC as and when the same is convened and the same upon being placed before the SLC, the SLC shall consider the case of the petitioner in accordance with law. 6. Ordered accordingly. Page No.# 4/4 7. It is needless to be clarified that the entire exercise as provided hereinabove, shall be completed within a period of 3 (three) months from today. 8. With the above observation and direction, this writ petition, stands disposed of. 9. Copy of the letter dated 16.09.2025 placed before the Court today by Ms. K Phukan, learned Government Advocate be kept as part of the record and marked as ‘X’. JUDGE Comparing Assistant