Page No.# 1/5 GAHC010121582025 2025:GAU-AS:13150 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3242/2025 SHEIKH BANESA KHATUN SHEIKH BANESA KHATUN, D/O- LATE BOKTAR ALI SK, VILL- KUKILARPAR, P.O- HAZIRHAT, P.S- SOUTH SALMARA, DIST- SOUTH SALMARA, ASSAM, PIN-783138 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 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 Page No.# 2/5 PIN-783301 6:THE DISTRICT COMMISSIONER 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 ROBIN PHUKAN ORDER Date : 24.09.2025 Heard Mr. N. Sarma, learned counsel for the petitioner. Also heard Ms. K. Phukan, learned Junior Government Advocate for the respondent Nos. 1, 2, 3 and 6; and Mr. P.N. Sarma, learned standing counsel for the respondent Nos. 4 and 5. 2. In this petition, under Article 226 of the Constitution of India, the petitioner has challenged the Office Memorandum (O.M.), bearing memo No. ABP.104/2024/90, dated 18.09.2024, issued by the Commissioner and Secretary to the Government of Assam, Personnel (B) Department, and also prayed for issuing direction to the respondent authorities, more particularly the SLC, to consider the proposal of the petitioner as per recommendation made by the District Level Committee (DLC) on 21.12.2021, for being appointed her on compassionate ground against vacant of post of Assistant Teacher in LP School as per her qualification, in accordance with the prevalent scheme/policy dated 01.06.2017. Page No.# 3/5 3. Mr. Sarma, learned counsel for the petitioner submits that the father of the petitioner, namely, Late Boktar Ali Sk, who was serving as Head Teacher of 1482 No. Choto Bozra L.P. School, under the Deputy Inspector of Schools, South Salmara, in the then Dhubri district (now South Salmara district), died in harness 30.08.2002, i.e. before 01.04.2017. Thereafter, the petitioner had filed an application for being appointed on compassionate ground within the prescribed time, before the concerned authority as per the prevailing norms, but, the application of the petitioner was not considered by the respondent authorities. Being aggrieved, the petitioner approached this Court by filing WP(C) No. 2050/2004, praying for appointment on compassionate ground, and vide order dated 23.03.2004, this Court was pleased to dispose of the petition with a direction to the respondent authorities to consider the case of the petitioner as per the Government Circular dated 28.10.2003, within a period of three months. Thereafter, the District Level Committee (DLC), South Salmara in its meeting, dated 21.12.2021, had recommended the name of the petitioner for being appointed on compassionate ground against the vacant post of Assistant Teacher in LP School. Thereafter, the Deputy Commissioner, South Salmara had forwarded the proposal of the petitioner as per format, to the Government of Assam, Education (Elementary) Department, Dispur, for placing the same before the next SLC for further consideration as per norms. However, the petitioner is not aware of as to whether her case was placed before the SLC or not as no order has been communicated to her. And in the meantime, the Commissioner and Secretary to the Government of Assam, Personnel (B) Department had issued the impugned O.M. dated 18.09.2024, wherein a decision was taken that no case for appointment on compassionate ground shall be entertained by any administrative department/authority for any reason, whatsoever, nor be placed Page No.# 4/5 before the SLC/DLC for recommendation of the candidates for appointment on compassionate ground. Being aggrieved, the petitioner has approached this Court by filing the present petition. 4. Mr. Sarma, learned counsel for the petitioner submits that the name of the petitioner was recommended by the DLC on 21.12.2021, i.e. much earlier before the date of issuance of the O.M. dated 18.09.2024, and as such, it is contended to dispose of this petition by directing the respondent authorities to place the case of the petitioner before the next SLC. 5. Ms. Phukan, learned Junior Government Advocate for the respondent Nos. 1, 2, 3 and 6; and Mr. Sarma, learned standing counsel for the respondent Nos. 4 and 5 submit that they have no objection in the event of disposing of this petition by directing the respondent authorities to place the case of the petitioner before the next SLC. 6. Having heard the submissions of learned counsel for both the parties, I have carefully gone through the petition and the documents placed on record, and also perused the recommendation of the DLC dated 21.12.2021. 7. The basic facts, herein this case, are not in dispute. The father of the petitioner, who was serving as Head Teacher of 1482 No. Choto Bozra L.P. School, under the Deputy Inspector of Schools, South Salmara, in the then Dhubri district (now South Salmara district), died in harness 30.08.2002, and thereafter, the petitioner had applied to the respondent authorities for being appointed on compassionate ground. The said application was not attended to by the respondent authorities, for which the petitioner had filed one writ petition, being WP(C) No. 2050/2024, which was disposed of vide order dated 23.03.2004, with a direction to consider the case of the petitioner as per Page No.# 5/5 Government Circular dated 28.10.2003, within three months. Thereafter, the DLC in its meeting dated 21.12.2021, had recommended the name of the petitioner for being appointed on compassionate ground against vacant post of Assistant Teacher in LP School. But, the said recommendation has not yet been placed before the SLC for further consideration, in view of the O.M. dated 18.09.2024. However, it appears that the case of the petitioner was recommended by the DLC on 21.12.2021, i.e. before coming into force of the O.M. dated 18.09.2024. 8. Thus, taking into note of the aforementioned facts and circumstances, and also considering the submissions of learned counsel for both the parties, this Court is inclined to dispose of this petition by directing the respondent authorities, to place the case of the petitioner before the next available SLC, and in the event the case of the petitioner being placed before the SLC, the SLC shall consider the same in accordance with law. 9. The aforementioned exercise shall be carried out within a period of three months from the date of receipt of certified copy of this order. 10. The petitioner shall obtain a certified copy of this order and shall place the same before the respondent authorities within a week from today. 11. In terms of above, this writ petition stands disposed of. JUDGE Comparing Assistant