Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 13729 (GAU)

MD. WASHIM SHARIF REZA v. THE STATE OF ASSAM AND 5 ORS

WP(C)/4264/2025 · 2025-07-31

Nelson Sailo

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010121512025 2025:GAU-AS:9960 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4264/2025 MD. WASHIM SHARIF REZA S/O- LATE ABDUS SALAM SK, VILL. AND P.O. HATSINGIMARI, P.S. SOUTH SALMARA, DIST. SOUTH SALMARA, MANKACHAR, ASSAM, PIN- 783135. VERSUS THE STATE OF ASSAM AND 5 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 GOVT. OF ASSAM PERSONNEL DEPARTMENT DISPUR GUWAHATI-781006. 4:THE SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF SCHOOL EDUCATION DISPUR GUWAHATI-6. 5:THE INSPECTOR OF SCHOOLS SDC SOUTH SALMARA P.O. AND DIST. SOUTH SALMARA ASSAM PIN- 783131. 6:THE DISTRICT COMMISSIONER CUM CHAIRMAN OF DISTRICT LEVEL COMMITTEE (DLC) Page No.# 2/3 SOUTH SALMARA FOR APPOINTMENT ON COMPASSIONATE GROUND P.O. AND DIST. SOUTH SALMARA ASSAM PIN- 783131 Advocate for the Petitioner : MR. N HOSSAIN, Advocate for the Respondent : GA, ASSAM, SC, SEC. EDU. BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 01-08-2025 Heard Mr. N. Hossain, learned counsel for the petitioner, who submits that the petitioner was recommended for compassionate appointment by the District Level Committee (DLC), South Salmara (Mankachar), which held its meeting on 03.09.2024 against the post of Assistant Teacher of L. P. School under District Elementary Education Officer (DEEO), South Salmara (Mankachar) as he fulfilled the eligibility criteria and as per the available vacancy. 2. The learned counsel submits that despite the said recommendation, the case of the petitioner presumably was not considered by the State Level Committee (SLC) in view of the Office Memorandum (OM) dated 18.09.2024 issued by the Government of Assam in the Personnel (B) Department, whereby the compassionate appointment scheme has been stopped in view of the introduction of the Compassionate Family Pension Scheme. 3. The learned counsel for the petitioner however submits that similar cases have been taken up by this Court and disposed of by a Common Order dated 03.04.2025 and the lead case being WP(C) No. 342 of 2025. By the said Order, Page No.# 3/3 this Court had directed the respondent authorities concerned to consider all pending cases for compassionate appointment in term of the relevant scheme of the State Government. The learned counsel therefore submits that the case of the petitioner is also covered by the said decision. 4. Mr. B. Deuri, learned Government Advocate, fairly admits that the case of the petitioner is covered and may be directed to be considered by the State Level Committee (SLC). 5. In view of above, the writ petition is disposed of by directing the respondents to place the case of the petitioner before the next SLC for considering his appointment on compassionate basis, in view of the recommendation made by the District Level Committee (DLC), South Salmara (Mankachar) on 03.09.2024, if the same has not been considered already in the meantime. 6. With the above observations and directions, this writ petition stands disposed of. JUDGE Comparing Assistant