Page No.# 1/4 GAHC010121492025 2025:GAU-AS:13257 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3243/2025 GOLAM ZAKARIA S/O- LATE ABDUS SATTAR ALI, VILL- RAGHAPARA, P.O- FEKAMARI, P.S- SOUTH SALMARA, DIST- SOUTH SALMARA, ASSAM, PIN-783135 VERSUS THE STATE OF ASSAM REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GUWAHATI-06, ASSAM 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 ASSAM 4:THE SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF SCHOOL EDUCATION DISPUR GUWAHATI-06 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER P.O AND DIST- SOUTH SALMARA ASSAM PIN-783301 6:THE DISTRICT COMMISSIONER Page No.# 2/4 CUM CHAIRMAN OF DISTRICT LEVEL COMMITTEE SOUTH SALMARA FOR APPOINTMENT ON COMPASSIONATE GROUND P.O AND DIST- SOUTH SALMARA ASSAM PIN-78330 Advocate for the Petitioner : MR. N HOSSAIN, MR N SARMA Advocate for the Respondent : SC, ELEM. EDU, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 25-09-2025 Heard Mr. N Hossain, learned counsel for the petitioner. Also heard Ms. S Konwar, learned Government Advocate appearing for the respondents. [2.] Having regard to the nature of grievance projected by the petitioner, the writ petition is taken up for disposal at the motion stage itself. [3.] The writ petitioner earlier approached this Court by filing WP(C) 6084/2002, which was disposed of, vide order dated 24.09.2002 by directing the respondent authorities to consider the case of the petitioner for compassionate appointment. The petitioner’s case was not considered for a long time and it was only on 21.12.2021 that the District Level Committee, South Salmara, Mankachar considered the petitioner’s case, which decided to recommend the case of the petitioner before the State Level Committee for considering his appointment on compassionate basis against available vacancy. Despite the recommendation, since the petitioner’s case was not considered by the State Level Committee, the petitioner is before this Court. [4.] On 13.08.2025, the Government Advocate was asked to obtain instructions Page No.# 3/4 in this regard and today she submits that as per the instructions received by her, the case of the petitioner was taken up for consideration by the District Level Committee concerned in terms of the instructions received from the Secretary to the Government of Assam, Personnel Department, vide Memo No. ABP.50/2006/Pt/415 dated 17.12.2021 and also from the District Elementary Education Officer, Dhubri, vide Memo No. EED-183/Comp/2015-16/7112 dated 15.12.2021. It is therefore, seen that the petitioner’s case was not rejected on account of delay, but was considered in terms of the instructions given by the Government as well as the School Education Department through the District Elementary Education Officer, Dhubri. [5.] It is, however, seen that in the meantime, an Office Memorandum dated 18.09.2024 had been issued by the Government of Assam in the Personnel (B) Department providing that compassionate appointment is henceforth stopped in view of the introduction of the Compassionate Family Pension Scheme. [6.] Aggrieved with the same, a number of similarly situated persons had approached this Court and this Court, vide a common order dated 03.04.2025, the lead case being WP(C) 342/2025 had disposed of the writ petitions by directing the respondent authorities to consider all pending cases for compassionate appointment as per the guidelines issued by the State Government. Following the same, the Personnel (B) Department issued a notice dated 30.08.2025 requiring all persons seeking consideration for compassionate appointment to submit their particulars on or before 15.09.2025. The learned counsel for the petitioner submits that the petitioner had also submitted his application along with all documents on 10.09.2025 before the Secretary to the Government of Assam, Personnel Department. Page No.# 4/4 [7.] Considering the above position, the writ petition is disposed of with a direction to the respondent authorities concerned to consider the case of the petitioner through the State Level Committee constituted in terms of the recommendation made by the District Level Committee. JUDGE Comparing Assistant