Page No.# 1/4 GAHC010117462025 2025:GAU-AS:8712 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3060/2025 RAHELA PARVEEN CHOUDHURY W/O- LATE AMZAD HUSSAINCHOUDHURY, VILL- SAYEDBOND PART -I, P.O- KALIBARI BAZAR, DIST- HAILAKANDI, ASSAM, PIN-788150, VERSUS 1.THE STATE OF ASSAM AND ORS REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GUWAHATI-06 2:THE CHAIRMAN OF STATE LEVEL COMMITTEE FOR APPOINTMENT ON COMPASSIONATE GROUND DISPUR GUWAHATI-06 3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PERSONNEL DEPARTMENT DISPUR GUWAHATI-06 4:THE SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF SCHOOL EDUCATION DISPUR GUWAHATI-06 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER HAILAKANDI ASSAM PIN- 788151 6:THE DISTRICT COMMISSIONER CUM CHAIRMAN OF DISTRICT LEVEL COMMITTEE HAILAKANDI FOR APPOINTMENT ON COMPASSIONATE GROUND HAILAKANDI ASSAM PIN-78815 Advocate for the Petitioner : MR. N HOSSAIN, MR. A DEKA Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU Page No.# 2/4 – B E F O R E – HON’BLE MR. JUSTICE NELSON SAILO ORDER 26.06.2025 Heard Mr. A. Deka, learned counsel for the petitioner. Also heard Mr. B. Deuri, learned Government Advocate, Assam appearing for the respondent Nos.1, 2, 3 and 6, and Mr. S.M.T. Chistie, learned Standing Counsel, Elementary Education Department for respondent Nos.4 and 5. 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. This is the third time the petitioner is before this Court. The first writ petition, being WP(C) No.8107/2019 was disposed of vide order dated 06.11.2019 by directing the respondent authorities to place the application of the petitioner before the next District Level Committee (DLC) and to pass necessary consequential decision. Thereafter, the case of the petitioner was placed before the DLC, Hailakandi in its meeting held on 05.10.2021. However, the case of the petitioner was kept pending for want of 5% vacancy reserved for compassionate appointment. Being aggrieved, the petitioner again approached this Court by filing WP(C) No.5865/2023 for the second time challenging the DLC minutes dated 05.10.2021. The said writ petition was disposed of vide order dated 06.10.2023, directing the DLC, Hailakandi to consider the case of the petitioner for compassionate appointment in terms of Clause 15 of the Office Memorandum dated 01.06.2015. The said Clause pertains to the benefit of consideration in any other Administrative Department in case there is no Page No.# 3/4 vacancy in the parent Department. 4. Pursuant thereto, the case of the petitioner was considered by the DLC, Hailakandi, in its meeting held on 19.09.2023 and the petitioner’s name appeared at Serial No.12 of the recommendation, wherein she was recommended for appointment as an Assistant Teacher in L.P. School. Despite the recommendation, since no consideration has been made by the State Level Committee (SLC), the petitioner is before this Court. 5. It has been submitted at the Bar that, in the meantime, the State Government had come up with an Office Memorandum dated 18.09.2024 by which all compassionate appointments had been stopped in view of the introduction of the Compassionate Family Pension Scheme. 6. Aggrieved with the Office Memorandum dated 18.09.2024, a large number of writ petitions were filed before this Court and consequently, the batch of writ petitions were disposed of by this Court vide common order dated 03.04.2025, wherein WP(C) No.342/2025 is the lead case, with a direction that all the pending cases for compassionate appointment would be considered by the District Level Committee or the State Level Committee in terms of the guidelines laid down by the State Government without relying upon the Office Memorandum dated 18.09.2024. 7. Since the petitioner’s case was considered by the DLC, Hailakandi on 19.09.2023 and was also duly recommended, it only appears that the case of the petitioner is also covered by the said direction. 8. In view of above, the instant writ petition is disposed of with the direction to the Secretary to the Government of Assam, School Education Department (respondent No.4) and the District Commissioner-cum-Chairman of the District Page No.# 4/4 Level Committee (DLC), Hailakandi (respondent No.6) to place the name of the petitioner before the next meeting of the State Level Committee for considering the case of the petitioner for compassionate appointment in terms of the recommendation made by the DLC, Hailakandi on 19.09.2023. JUDGE Comparing Assistant