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2025 DAILYLAW 13859 (GAU)

NUR NEHAR BEGOM @ NUR NEHAR BEGUM v. THE STATE OF ASSAM AND 5 ORS

WP(C)/3259/2025 · 2025-09-02

Nelson Sailo

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010123762025 2025:GAU-AS:11877 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3259/2025 NUR NEHAR BEGOM @ NUR NEHAR BEGUM D/O LATE NAYEB ALI, VILL- PIPULBARI PT-III, P.O.- DHANUA, P.S.- MANKACHAR, 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 GOVERNMENT OF ASSAM PERSONNEL DEPARTMENT DISPUR GUWAHATI-781006 4:THE SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF SCHOOL EDUCATION DISPUR GUWAHATI-6 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER SOUTH SALMARA P.O. AND DIST- SOUTH SALMARA ASSAM PIN-783131 6:THE DISTRICT COMMISSIONER CUM CHAIRMAN OF DISTRICT LEVEL Page No.# 2/3 COMMITTEE (DLC) SOUTH SALMARA FOR APPOINTMENT ON COMPASSIONATE GROUND P.O. AND DIST- SOUTH SALMARA ASSAM PIN-78313 Advocate for the Petitioner : MR. N HOSSAIN, Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 03.09.2025 Heard Mr. N. Hossain, learned counsel for the petitioner, who submits that the case of the petitioner was considered for compassionate appointment by the District Level Committee (DLC), South Salmara Mankachar, in its meeting held on 03.09.2024 and recommended for appointment to the post of Assistant Teacher in L.P. School, since the petitioner fulfills the criteria and there was vacancy available. [2.] Accordingly, the case of the petitioner was forwarded to the State Level Committee (SLC) through the Principal Secretary to the Government of Assam, Personnel (B) Department. However, in the meantime, the State Government in the Personnel (B) Department issued Office Memorandum dated 18.09.2024, wherein it was provided that compassionate appointment shall henceforth be stopped in view of the introduction of the Compassionate Family Pension Scheme. [3.] The learned counsel submits that similarly situated persons approached Page No.# 3/3 this Court by filing their respective writ petitions and all such writ petitions were taken up together for disposal on 03.04.2025 and the leading case being WP(C) No. 342/2025 and this Court directed that all the pending applications to be considered by the SLC in terms of the relevant guidelines of the State Government. [4.] The learned counsel submits that the case of the petitioner is also squarely covered by the said direction and therefore similar relief may be granted to the petitioner. [5.] Ms. K. Phukan, learned Government Advocate, appearing for the respondent Nos. 1, 2, 3 & 6 and Mr. A. Phukan, learned Standing Counsel, Elementary Education Department, appearing for the respondent Nos. 4 & 5, fairly admit that the case of the petitioner is squarely covered. [6.] In view of above, the writ petition is disposed of by directing the respondent authorities to place the case of the petitioner before the next SLC for consideration in terms of the recommendation made by the DLC, South Salmara Mankachar, which held its meeting on 03.09.2024. JUDGE Comparing Assistant