Page No.# 1/4 GAHC010121572025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5242/2025 HARI SHANKAR DAS S/O- LATE PROTAP CHANDRA DAS , VILL- KUMRI, P.O- CHIRAKUTI, P.S- FAKIRGANJ, DIST- SOUTH SALMARA, MANKACHAR, ASSAM, PIN-783330, VERSUS THE STATE OF ASSAM AND ORS 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 4:THE SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF SCHOOL EDUCATION DISPUR GUWAHATI-06 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER SOUTH SALMARA P.O AND DIST- SOUTH SALMARA ASSAM PIN-783131 Page No.# 2/4 6:THE DISTRICT COMMISSIONER CUM CHAIRMAN OF DISTRICT LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT DIST- SOUTH SALMARA P.O- SOUTH SALMARA ASSAM PIN- 78313 Advocate for the Petitioner : MR. N HOSSAIN, MR N SARMA Advocate for the Respondent : SC, ELEM. EDU, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 08.09.2025 Heard Mr. N. Sarma, learned counsel for the petitioner; Mr. B. Deuri, learned Government Advocate for the respondent Nos. 1, 2, 3 & 6; and Ms. N. Phukan, learned standing counsel for the Elementary Education Department, respondent Nos. 4 & 5. 2. In this petition, under Article 226 of the Constitution of India, the petitioner has challenged the Office Memorandum No. ABP.104/2024/90, dated 18.09.2024 and also prayed for issuing direction to the respondent authorities to place the recommendation of the DLC, dated 21.12.2021, before the SLC, for appointing him in any Grade-III post on compassionate ground. 3. Mr. Sarma, learned counsel for the petitioner, submits that the father of the petitioner, namely, Late Protap Chandra Das, was serving as Head Teacher in 302 No. Kumri L.P. School, under the Elementary Education Officer, South Salmara and he died in harness on 04.09.2013. Thereafter, on 12.11.2013, the petitioner applied for being appointed on compassionate ground before the Page No.# 3/4 concerned authority as per prevailing norms. Thereafter, on 21.12.2021, the DLC had recommended the name of the petitioner for being appointed on compassionate ground. Thereafter, the then District Commissioner, South Salmara had forwarded the proposal of the petitioner to the Secretary to the Government of Assam in the Elementary Education Department for placing the same before the next SLC meeting for further consideration. But, till date, the petitioner is not aware of about the consideration of her case by the SLC, nor any order has been communicated to her in this regard. 3.1. Further submission of Mr. Sarma is that in the meantime, the Commissioner and Secretary to the Government of Assam in the Personnel (B) Department had issued the impugned O.M. dated 18.09.2024, wherein it is decided that no case for appointment on compassionate ground will be entertained by any Administrative Department/Authority for any reason whatsoever nor be placed before SLC/DLC for recommendation of candidate for being appointed on compassionate ground. 3.2. It is further submitted by Mr. Sarma that the case of the petitioner was recommended by the DLC, on 21.12.2021, prior to O.M. dated 18.09.2024, and under such circumstances, the petitioner has approached this court by filing this writ petition seeking the relief as stated above. 3.3. Mr. Sarma also submits that in a similarly situated case, in W.P.(C) No. 2669/2025, a Coordinate Bench of this Court, vide order dated 19.05.2025, has directed the respondent authorities for placing the recommendation made by the DLC before the SLC for further consideration. 4. Per-contra, Mr. Deuri, learned Government Advocate for the respondent Nos. 1, 2, 3 & 6 submits that since, vide order dated 21.12.2021, the DLC had Page No.# 4/4 considered the case of the petitioner and recommended her name for being appointed on compassionate ground, now the matter has to be placed before the SLC so as to take the proposal of the petitioner to its logical conclusion. Therefore, Mr. Deuri submits that he has no objection in the event of disposing of this petition by directing the respondent authorities to place the proposal of the petitioner for being appointed on compassionate ground before the SLC. 5. Taking note of the submissions of learned counsel for both the parties and also in view of the decision of Abdus Sattar Ahmed vs. The State of Assam and Others, in W.P.(C) No. 2669/2025, this court is inclined to dispose of this petition by directing the respondent authorities to place the recommendation of the DLC in respect of the proposal of the petitioner for being appointed on compassionate ground before the SLC for further consideration. 6. The aforesaid exercise has to be carried out within a period of 3 (three) months from the date of receipt of the certified copy of this order. 7. The petitioners shall obtain a certified copy of this order and place the same before the respondent authorities within a period of 1 (one) week from today. JUDGE Comparing Assistant