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2025 DAILYLAW 13574 (GAU)

GITASHRI BORAGI v. THE STATE OF ASSAM AND ORS

WP(C)/3134/2025 · 2025-07-24

Nelson Sailo

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010118862025 2025:GAU-AS:9519 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3134/2025 GITASHRI BORAGI W/O- LATE DHARMESWAR KALITA. VILL.- MADHUPUR, P.O.- JAPJUP, DIST.- LAKHIMPUR, ASSAM, PIN-784160 VERSUS THE STATE OF ASSAM AND ORS REPRESENTED 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 PIN-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 DIRECTOR OF ELEMENTARY EDUCATION KAHILIPARA GUWAHATI PIN-781019. 6:THE DISTRICT ELEMENTARY EDUCATION OFFICER LAKHIMPUR Page No.# 2/3 DIST.- LAKHIMPUR ASSAM. 7:THE D.I. OF SCHOOLS. DIST.- NORTH LAKHIMPUR PIN-787001. 8:THE BLOCK ELEMENTARY EDUCATION OFFICER BIHPURIA EDUCATION BLOCK. LAKHIMPUR. 9:THE DISTRICT COMMISSIONER -CUM- CHAIRMAN OF DISTRICT LEVEL COMMITTEE (DLC) LAKHIMPUR-FOR APPOINTMENT ON COMPASSIONATE GROUND LAKHIMPUR ASSAM. PIN-78416 Advocate for the Petitioner : MS. S B CHOUDHURY, T MAZUMDER Advocate for the Respondent : SC, ELEM. EDU, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 25.07.2025 Heard Ms. S. B. Choudhury, learned counsel for the petitioner. Also heard Mr. B. Deuri, learned Govt. Advocate for the respondent Nos. 1, 2, 3 and 9 and Ms. S. Chutia, learned Standing Counsel, Elementary Education Department for the respondent Nos. 4 and 8. 2. Having regard to the nature of the grievance projected by the petitioner, the writ petition is taken up for disposal at this stage. 3. It is the case of the petitioner that her husband who was working as Stipendary Teacher in Pokadol L. P. School under Bihpuria Education Block, died- in-harness on 11.06.2014 and therefore, the petitioner submitted her application for compassionate appointment before the respondent authority concerned on 14.07.2014. The application of the petitioner was forwarded to the Deputy Page No.# 3/3 Inspector of Schools, North Lakhimpur by Block Elementary Education Officer, Bihpuria on 25.07.2014. However, the case of the petitioner has not been considered till date and that in the meantime, the State Government in the Personnel (B) Department had come up with an Office Memorandum dated 18.09.2024, wherein, it is provided that Compassionate Family Pension Scheme will be hence forth be introduced instead of compassionate appointment. Aggrieved, the petitioner is before this Court. 4. It is the case of the petitioner that similarly situated persons whose applications for compassionate appointment was pending were taken up together by this Court with the lead case being WP(C)/342/2025. All the cases were disposed of by a common order dated 03.04.2025, by directing the respondent authority to consider all the pending cases in terms of the relevant guidelines issued by the State Government. It is therefore the case of the petitioner that her case is also pending consideration and that the petitioner has not availed the compassionate family pension. 5. Having perused the materials available on record, it is seen that the case of the petitioner is also similar to the case of the others, who are given the benefit of consideration by the District Level Committee concerned. Accordingly, the writ petition is disposed of by directing the respondents to consider the case of the petitioner in the next DLC meeting for compassionate appointment. 6. Writ Petition accordingly stands disposed of. JUDGE Comparing Assistant