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2025 DAILYLAW 14523 (GAU)

PARAG KUMAR DEKA v. THE STATE OF ASSAM AND 3 ORS.

WP(C)/3503/2025 · 2025-06-22

Nelson Sailo

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010132312025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3503/2025 PARAG KUMAR DEKA SON OF LATE BHUPEN DEKA R/O VILL AND P.O. HAZARIKAPARA P.S. SIPAJHAR DIST. DARRANG, ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION (ELEMENTARY) ASSAM, DISPUR, GUWAHATI-781006. 2:THE STATE LEVEL COMMITTEE (SLC) REPRESENTED BY THE CHIEF SECRETARY-CUM-CHAIRMAN STATE LEVEL COMMITTEE FOR APPOINTMENT ON COMPASSIONATE GROUND DISPUR GUWAHATI-781006. 3:THE DISTRICT LEVEL COMMITTEE (DLC) REPRESENTED BY THE DISTRICT COMMISSIONER DARRANG MANGALDAI ASSAM PIN-784125 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER (DEEO) DARRANG Page No.# 2/3 MANGALDAI DARRANG ASSAM PIN-78412 Advocate for the Petitioner : MR. S U AHMED, A R MONDAL,MR A HAWARI Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU BEFORE HON’BLE MR. JUSTICE NELSON SAILO 23.06.2025 Heard Mr. S.U. Ahmed, learned counsel for the petitioner, who submits that the petitioner’s application for compassionate appointment was forwarded to the State Level Committee (SLC) for consideration and the SLC took up the case of the petitioner in its meeting held on 02.03.2023 wherein the SLC opined that as the date of application is after one year and the applicant was a minor at the time of death of the deceased, the matter is deferred until a final decision is taken on the matter. In the minutes of the said meeting, the petitioner’s name was reflected at Sl.No.3 in respect of the district Darrang, Mangaldoi. Learned counsel for the petitioner submits that since no decision has been communicated to the petitioner till date, the respondent authorities may be directed to consider the case of the petitioner within a time frame. Also heard Ms. S. Chutia, learned Standing Counsel, Elementary Education Department for the respondent Nos.1 and 4 and Ms. D.D. Barman, learned Additional Senior Government Advocate, Assam for the respondent Nos.2 and 3. Considering the projection made by the petitioner, the writ petition is disposed of with the direction to the respondents, more particularly, the Page No.# 3/3 respondent No.2 to take a decision on the application of the petitioner for compassionate appointment. The respondent No.1 shall place the matter before the respondent No.2 for consideration within a period of 4 (four) weeks from the date of receipt of certified copy of this order whereafter the respondent No.2 shall take a decision on the matter within the same time and communicate the decision to the petitioner. On the other hand, if the respondent No.2 has already taken a decision on the matter, the same be communicated to the petitioner without delay. The writ petition stands disposed of. JUDGE Comparing Assistant