Page No.# 1/4 GAHC010115472025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2912/2025 MINAKHI BARUAH D/O DAMBARUDHAR BARUAH R/O WARD NO 1 BIHPURIA PO BIHPURIA PS BIHPURIA DIST LAKHIMPUR ASSAM VERSUS THE STATE OF ASSAM AND ORS REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM ELEMENTARY EDUCATION DEPTT SACHIVALAYA DISPUR ASSAM 781006 2:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM ELEMENTARY EDUCATION DEPTT SACHIVALAYA DISPUR ASSAM 781006 3:THE DISTRICT COMMISSIONER LAKHIMPUR DIST LAKHIMPUR ASSAM 4:THE STATE LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT REP HEREIN BY THE CHIEF SECRETARY TO THE GOVT OF ASSSAM DISPUR GUWAHATI Advocate for the Petitioner : MR S BORTHAKUR, MR. D GOGOI Advocate for the Respondent : SC, ELEM. EDU, GA, ASSAM Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 30-05-2025 Heard Mr. D. Gogoi, learned counsel for the petitioner. Also heard Mr. P.N. Sarma, learned Standing counsel, Elementary Education Department. The mother of the petitioner, who was working as a Assistant Teacher/Head Master of Bihpuria M.V. School, in the district of Lakhimpur, had died-in-harness on 22.10.2021. The petitioner submitted an application for compassionate appointment. The DLC, Lakhimpur by its minutes dated 10.08.2011 recommended the name of the petitioner for appointment on compassionate appointment. However, the SLC has rejected the case of the petitioner. Being aggrieved, the petitioner approached this Court by filing WP(C) 2605/2018 and WP(C) 8807/2019 by the orders dated 01.06.2018 and 22.11.2023 disposed of the above two writ petitions with a direction to consider her recommendation for appointment on compassionate ground against any other suitable vacancy for which, she may have the due qualification. It is contended by the learned counsel for the petitioner that despite the order of this Court, no consideration has been made. Learned counsel for the petitioner submits that during the pendency for consideration of the case of the petitioner, the State respondents have issued the O.M. dated 18.09.2024, whereby the authorities have decided not to entertain any case claiming appointment on compassionate ground. He submits that the O.M. dated 18.09.2024 was put to challenge by some of the petitioners in a batch of writ petitions, leading case being WP(C) No.342/2025, which were disposed of by an order dated 03.04.2025. Although, this Court has not interfered with the said O.M. dated 18.09.2024, a direction was issued to the respondent authorities to consider those cases which were pending before 18.09.2024. He submits that in view of the order dated 03.04.2025, in the above batch of writ petitions, the case of the petitioner may also be directed to be considered as the said order squarely covers the case of the petitioner. Page No.# 3/4 Mr. P.N. Sarma, learned Standing Counsel, Elementary Education Department has fairly submitted that the order of this Court dated 03.04.2025, in fact would cover the case of the petitioner. Having considered that the issue of similar nature has been considered and disposed of by this Court in a batch of writ petitions, leading case being WP(C) No.342/2025, and after consideration of submissions of learned counsel for the parties and also perusal of the said order dated 03.04.2025, I am of the considered view that the said order would cover the case of the petitioner. The order dated 03.04.2025, passed in WP(C) No.342/2025 and other batch of writ petitions is reproduced here-in-below:- “9. In view of the consent of the learned counsels for the parties, all the writ petitions that are pending as on today, i.e., 03.04.2025, in the Gauhati High Court, which have put to challenge the impugned OM dated 18.09.2024, are to be decided as follows:- (i) All the applications for compassionate appointment submitted by the petitioners shall be considered and disposed of by the concerned DLC/SLC on merit, by taking into consideration the various guidelines prior to 01.04.2017, laid down by the State Government for compassionate appointment and the judgments of the Hon’ble Supreme Court and the High Court. Consequently, the rejection of all compassionate appointments by the DLC/SLC, which have been put to challenge and are pending in the Gauhati High Court as on 03.04.2025, are set aside. (ii) The entire process for considering the various applications for compassionate appointment and the decision to be taken in each case by the concerned authorities, should be completed within a period of six months from the date of receipt of a certified copy of this order by the concerned District Commissioner, who is also the Chairman of the DLC, if the matter pertains to the DLC. In other cases, the Chief Secretary to the Government of Assam, who is the Chairman of the SLC, if the matter pertains the SLC. 10. It is made clear that in view of the consent of the parties, this Court has not gone into the merits of any of the petitioners’ cases that are being disposed of by way of this order and as such, the applications for compassionate appointment should be disposed of by the concerned authorities on merit, as they deem it fit and proper. The decision/s to be taken by the concerned authorities should be based on reasons and the decision taken should be communicated to the petitioners thereafter. It is also directed that while deciding the applications for compassionate appointment, the respondents cannot take recourse to the impugned OM dated 18.09.2024, though the judgment provided therein, i.e., the case of Debabrata Tiwari (supra), can be considered/applied by the concerned authorities. It is again made clear that this order cannot be used as a precedent for cases that are filed on 04.04.2025 and thereafter. It shall only apply to cases that are pending before this Court as on 03.04.2025. 11. The writ petitions are accordingly disposed of.” In view of above, I deem it appropriate to dispose of this writ petition directing the respondent authorities to consider the case of the petitioner. Accordingly, it is directed that the respondents, particularly, the State Level Committee shall reconsider the case of the petitioner, in terms of the order dated 22.11.2023 passed in WP(C) 8807/2019 in the next sitting of the Committee. Page No.# 4/4 Writ Petition stands disposed of with the above direction. JUDGE Comparing Assistant