Page No.# 1/3 GAHC010114902025 2025:GAU-AS:8536 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2934/2025 HEMANGA KOUSHIK SARMA S/O LATE PRADIP KUMAR SARMA, R/O HOUSE NO. 44, VILLAGE BARMURIKONA, P.O. BARBARI (781351) DISTRICT- NALBARI, ASSAM. ASSAM, PIN 781351 VERSUS 1.THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE DEPARTMENT OF SCHOOL EDUCATION, DISPUR, GUWAHATI - 6. 2:THE DISTRICT COMMISSIONER CUM CHAIRMAN DISTRICT LEVEL COMMITTEE NALBARI DIST- NALBARI ASSAM 3:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 4:THE INSPECTOR OF SCHOOLS NALBARI DISTRICT CIRCLE DIST- NALBARI ASSAM 5:THE PRINCIPAL B.R. MEDHI HIGHER SECONDARY SCHOOL BORIDATARA NALBARI DIST- NALBARI ASSAM PIN Advocate for the Petitioner : MD. A MATLIB, MR R DHAR Advocate for the Respondent : SC, SEC. EDU., GA, ASSAM Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 25-06-2025 Heard Mr. R. Dhar, learned counsel for the petitioner. Also heard Mr. N.J. Khataniar, learned Standing Counsel, Education (Secondary) Department appearing for respondent Nos.1, 3 and 4 Mr. B. Deuri, learned Government Advocate, Assam, appearing for respondent No.2. 2. Having regard to the nature of the grievance projected by the petitioner, the writ petition is taken up for disposal at the motion stage. 3. It is the case of the petitioner that his father was working as Lower Division Assistant in B.R. Medhi Higher Secondary School, Boridatara, Nalbari and he died in harness on 12.09.2019. In view of his father, having expired while in service, the petitioner claims that he is entitled to be considered for compassionate appointment as per the Scheme formulated by the State Government. 4. Mr. B. Deuri, learned Government Advocate, Assam at this stage, by producing a Notification dated 14.09.2017, submits that the said Notification issued by the Finance (Estt.-A) Department on the subject “Scheme for Compassionate Family Pension in lieu of Compassionate appointment”. 5. Referring to Clause 5.11 of the Notification, the learned Government Advocate submits that the Scheme is applicable to those employees who died/die in harness or after 01.04.2017. Learned Government Advocate submits that since the father of the petitioner admittedly expired on 12.09.2019, he will only be entitled to get the Compassionate Family Pension and not the compassionate appointment. He also submits that it may so happen that the petitioner by now has already got the benefit of Compassionate Family Pension. Page No.# 3/3 6. Considering the above submissions and upon perusal of the material available on record including the Notification of the Finance Department dated 14.09.2017, the writ petition is disposed of with an observation that the petitioner, within a period of 2(two) weeks from today, shall approach the Director of Secondary Education, Assam (respondent No.3) with an application for Compassionate Family Pension by mentioning the details of his family. The said authority, upon receipt of the application of the petitioner, shall consider the same as per the standing Guidelines and Notifications for grant of Compassionate Family Pension to the petitioner or his family, as the case may be, as per their entitlement. JUDGE Comparing Assistant