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2025 DAILYLAW 13018 (GAU)

PURNA KANTA PEGU v. THE STATE OF ASSAM AND 5 ORS.

WP(C)/2904/2025 · 2025-06-23

Nelson Sailo

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010110852025 2025:GAU-AS:8432 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2904/2025 PURNA KANTA PEGU S/O LATE ATUL PEGU @ MONI KANTA PEGU, VILL-NAMONI CHERPAI GAON P.O. AND P.S. JENGRAI MUKH DIST.MAJULI, ASSAM, PN-785105. VERSUS 1.THE STATE OF ASSAM, REPRESENTED 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-781006. 3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PERSONNEL DEPARTMENT DISPUR GUWAHATI-781006. 4:THE SECRETARY TO THE GOVT.OF ASSAM DEPARTMENT OF SCHOOL EDUCATION, DISPUR GUWAHATI-6. 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER (DEEO) MAJULI ASSAM PIN-787001. 6:THE DISTRICT COMMISSIONER CUM CHAIRMAN OF DISTRICT LEVEL COMMITTEE (DLC) MAJULI FOR APPOINTMENT ON COMPASSIONATE GROUND MAJULI ASSAM PIN- 78700 Advocate for the Petitioner : MR. N HOSSAIN, MR N SARMA Advocate for the Respondent : SC, ELEM. EDU, GA, ASSAM Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 24-06-2025 Heard Mr. A. Deka, learned counsel for the petitioner. Also heard Ms. D.D. Barman, learned Additional Senior Government Advocate, Assam appearing for respondent Nos.1, 2, 3 and 6 and Ms. S. Konwar, learned counsel appearing for respondent Nos.4 and 5. 2. Having regard to the nature of the case projected by the petitioner, the writ petition is taken up for disposal at this stage. 3. It is the case of the petitioner that he had earlier approached this Court by filing WP(C) No.1967/2022 for non-consideration of his case by the District Level Committee (DLC) for compassionate appointment in view of his father having expired/died in harness. 4. The writ petition was disposed of vide order dated 27.01.2023 by directing the respondent authorities to place the case of the petitioner before the DLC, Majuli and further in case his case had already been considered by the DLC, the outcome of the DLC be communicated to the petitioner. 5. Pursuant thereto, the case of the petitioner, apparently having not been considered by the DLC, was taken up for consideration on 29.02.2024 by the DLC, Majuli, wherein the name of the petitioner was recommended for appointment to a Grade IV post. However, despite the same, his name was not forwarded to the State Level Committee (SLC) in view of the Office Memorandum dated 18.09.2024, by which it was provided that henceforth no cases for compassionate appointment would be considered in view of the introduction of the Compassionate Family Pension Scheme. The Office Memorandum dated 18.09.2024 was put to challenge in a number of writ Page No.# 3/3 petitions and consequently, the batch of writ petitions were disposed of vide common order dated 03.04.2025 and the lead case being WP(C) No.342/2025. In the said order, it was directed that all pending compassionate appointment cases would be considered by the SLC. 6. The learned counsel for the petitioner submits that the case of the petitioner is also squarely covered by the said decision. 7. Ms. D.D. Barman, learned Additional Senior Government Advocate, Assam as well as Ms. S. Konwar, learned Government Advocate fairly admit that the case of the petitioner is squarely covered. 8. Accordingly, the writ petition is disposed of with the direction to the respondent authorities, more particularly, respondent No.4 to place the case of the petitioner before the next State Level Committee meeting for consideration of the case of the petitioner for compassionate appointment in terms of the recommendation made by the DLC. 9. The writ petition accordingly stands disposed of. JUDGE Comparing Assistant