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2025 DAILYLAW 13035 (GAU)

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

WP(C)/2906/2025 · 2025-06-23

Nelson Sailo

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010110872025 2025:GAU-AS:8475 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2906/2025 RATNA KANTA PEGU S/O LATE BROJENDRA PEGU VILL- UJONI CHERPAI P.O. AND P.S. JENGRAI MUKH DIST. MAJULI, ASSAM, PIN-785105 VERSUS THE STATE OF ASSAM AND 5 ORS. REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT 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) Page No.# 2/4 MAJULI ASSAM PIN- 787001. 6:THE DISTRICT COMMISSIONER CUM CHAIRMAN OF DISTRICT LEVEL COMMITTEE (DLC) MAJULI FOR APPOINTMENT ON COMPASSIONATE GROUND MAJULI ASSAM PIN-787001 Advocate for the Petitioner : MR. N HOSSAIN, MR. M MONDAL Advocate for the Respondent : SC, ELEM. EDU, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER 24.06.2025 Heard Mr. A. Deka, learned counsel for the petitioner and Ms. D.D. Barman, learned Addl. Senior Govt. Advocate appearing for the respondent Nos. 1, 2, 3 & 6. Also heard Mr. A. Phukan, learned Standing Counsel, School Education Department for the respondent Nos. 4 & 5. Having regard to the nature of the case projected by the petitioner, the writ petition is taken up for disposal at this stage. [2.] The grievance of the petitioner is that his case for compassionate appointment has not been considered by the District Level Committee (DLC), Majuli despite the fact that his father expired/died in harness. The petitioner therefore approached this Court by filing WP(C) No. 4553/2022, which was disposed of vide order dated 23.06.2023 by directing the respondent authorities concerned to place Page No.# 3/4 the case of the petitioner before the DLC concerned. Pursuant thereto, the case of the petitioner was placed before the DLC which held its meeting on 29.02.2024 and the name of the petitioner was recommended for Grade – IV post. However, in the meantime, the State Government had come up with an Office Memorandum dated 18.09.2024, wherein it was provided that in view of the introduction of the Compassionate Family Pension Scheme, the application for compassionate appointment will no longer be considered. [3.] Aggrieved with the Office Memorandum, a number of writ petitions were filed challenging the said O.M and consequently, vide common order dated 03.04.2025, the writ petitions were disposed of and the lead case being WP(C) No. 342/2025. It was directed that in view of the agreement reached between the parties, all pending cases for compassionate appointment as on 03.04.2025 will be considered and disposed of on merit by the DLC/SLC concerned. The learned counsel for the petitioner submits that the case of the petitioner is squarely covered by the said order. [4.] The learned counsels appearing for the opposite parties also fairly submit that the case of the petitioner is squarely covered. [5.] In view of above, the writ petition is disposed of by directing the respondent No. 4 to place the case of the petitioner before the next SLC meeting for Page No.# 4/4 consideration of his appointment on compassionate basis in terms of the recommendation made by the DLC. [6.] Writ petition accordingly stands disposed of. JUDGE Comparing Assistant