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2025 DAILYLAW 13450 (GAU)

RAJESWAR DAS v. THE STATE OF ASSAM AND ORS

WP(C)/3072/2025 · 2025-06-23

Nelson Sailo

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010117432025 2025:GAU-AS:8476 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3072/2025 RAJESWAR DAS S/O- LATE PHONI BHUSAN DAS. VILL.- NATUNPARA, P.O.- HAILAKANDI, DIST.- HAILAKANDI, ASSAM. PIN-788151. VERSUS THE STATE OF ASSAM AND 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 GOVERNMENT OF ASSAM. PERSONAL DEPARTMENT DISPUR GUWAHATI-781006. 4:THE SECRETARY TO THE GOVERNMENT OF ASSAM. DEPARTMENT OF SCHOOL EDUCATION DISPUR GUWAHATI-6. 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER (DEEO) HAILAKANDI ASSAM PIN-788151. Page No.# 2/4 6:THE DISTRICT COMMISSIONER CUM CHAIRMAN OF DISTRICT LEVEL COMMITTEE(DLC) HAILAKANDI FOR APPOINTMENT ON COMPASSIONATE GROUND HAILAKANDI ASSAM PIN-788151 Advocate for the Petitioner : MR. A DEKA, MR. N HOSSAIN 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, Ms. D.D. Barman, learned Addl. Senior Govt. Advocate appearing for the respondent Nos. 1, 2, 3 & 6 and 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 writ petitioner earlier approached this Court by filing WP(C) No. 474/2022 seeking for a direction to the respondents for placing his name before the District Level Committee (DLC), Hailakandi for considering his case for compassionate appointment since his father had expired/died in harness on 19.11.2006. The writ petition was disposed of vide order dated 26.07.2023 by directing the respondents to place the name of the petitioner for consideration by the DLC. The DLC Page No.# 3/4 thereafter held its meeting on 19.09.2023 and the petitioner has been recommended for being considered for appointment to the post of Assistant Teacher in L.P School and his name appeared at Sl. No. 24 of the DLC minutes. Despite such recommendation, the name of the petitioner has not been placed before the State Level Committee (SLC) in view of the fact that the State Government had come up with an Office Memorandum (O.M) dated 18.09.2024 by which it was provided in view of the introduction of the Compassionate Family Pension Scheme, no further application for compassionate appointment will be entertained. [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. Page No.# 4/4 [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 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