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2025 DAILYLAW 13267 (GAU)

BAHARUL ISLAM CHOUDHURY v. THE STATE OF ASSAM AND ORS

WP(C)/3745/2025 · 2025-06-26

Nelson Sailo

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010113842025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3745/2025 BAHARUL ISLAM CHOUDHURY S/O. LATE SIRAJ UDDIN CHOUDHURY, VILL. RONGPUR PT- I AND P.O. APPIN, DIST. HAILAKANDI, ASSAM, PIN 788161. VERSUS THE STATE OF ASSAM AND ORS REP. 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 DEPTT. DISPUR GUWAHATI - 781006. 4:THE SECRETARY TO THE GOVT. OF ASSAM DEPT. OF SCHOOL EDUCATION DISPUR GUWAHATI - 6. 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER (DEEO) HAILAKANDI ASSAM PIN 788151 6:THE DISTRICT COMMISSIONER CUM CHAIRMAN OF DISTRICT LEVEL COMMITTEE (DLC) Page No.# 2/3 HAILAKANDI FOR APPOINTMENT ON COMPASSIONATE GROUND HAILAKANDII ASSAM PIN 788151 Advocate for the Petitioner : MR. N HOSSAIN, MR. M MONDAL Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER 27.06.2025 Heard Mr. N. Hossain, learned counsel for the petitioners, who submits that this is the third time the petitioner is before this Court seeking consideration of his case for compassionate appointment. The learned counsel submits that the District Level Committee (DLC), Hailakandi in its meeting dated 19.09.2023 considered and recommended the case of the petitioner for appointment to the post of Assistant Teacher, L.P. School but however, the case of the petitioner has not been considered by the State Level Committee (SLC) till date and therefore, the petitioner is before this Court. [2.] It is stated at the bar that the State Government on 18.09.2024 had come up with an Office Memorandum by which compassionate appointment has been stopped in view of the introduction of the Compassionate Family Pension Scheme. Aggrieved with the same, a number of writ petitions have been filed before this Page No.# 3/3 Court and they were disposed of vide common Order dated 03.04.2025 and the lead case being WP(C) No. 342/2025. This Court while disposing of the writ petitions directed that all the pending case should be considered by the State Government as per the existing policy for compassionate appointment. [3.] It is seen that the present case is also squarely covered by the said Order. Accordingly, the writ petition is disposed of with a direction to the Secretary to the Govt. of Assam, Department of School Education (respondent No. 4) to place the case of the petitioner before the next SLC for consideration in terms of the recommendation made by the DLC on 19.09.2023. JUDGE Comparing Assistant