Page No.# 1/4 GAHC010134142025 2025:GAU-AS:8713 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3623/2025 NAMITA MEDHI D/O- LATE MAHESH CH. MEDHI, VILL.- MAJORKURI, P.O. RAMDIA, P.S. HAJO, DIST. KAMRUP, ASSAM, PIN- 781121. VERSUS 1.THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, DISPUR, GUWAHATI-781006. 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM PERSONNEL (B) DEPARTMENT DISPUR GUWAHATI-781006. 3:THE SECRETARY TO THE GOVT. OF ASSAM SCHOOL EDUCATION DEPARTMENT DISPUR GUWAHATI-6. 4:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019. 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER KAMRUP AMINGAON GUWAHATI. 6:THE BLOCK ELEMENTARY EDUCATION OFFICER HAJO PIN- 781102. 7:THE DISTRICT COMMISSIONER KAMRUP AMINGAON-CUM- THE CHAIRMAN DISTRICT LEVEL COMMITTEE (DLC) KAMRUP AMINGAON PIN- 781031. 8:THE ADDITIONAL DISTRICT COMMISSIONER KAMRUP AMINGAON PIN- 781031 Page No.# 2/4 Advocate for the Petitioner : MS. S B CHOUDHURY, Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU – B E F O R E – HON’BLE MR. JUSTICE NELSON SAILO ORDER 26.06.2025 Heard Ms. S.B. Choudhury, learned counsel for the petitioner. Also heard Mr. B. Deuri, learned Government Advocate, Assam appearing for the respondent Nos.1, 2, 7 and 8, and Mr. S. Chutia, learned Standing Counsel, Elementary Education Department for respondent Nos.3, 4, 5 and 6. 2. Having regard to the nature of the grievance projected by the petitioner, the writ petition is taken up for disposal at the motion stage. 3. It is the case of the petitioner that her father died in harness on 11.03.2007 and following which she submitted an application for compassionate appointment on 13.02.2008 as per the prescribed format before the District Elementary Education Officer, Kamrup, Amingaon through the Block Elementary Education Officer, Hajo and the said application was received by the said authority on 13.02.2008. While the petitioner was awaiting for her application to be considered by the District Level Committee (DLC) concerned, since no step was taken for a long time, the petitioner again filed an application for compassionate appointment on 14.07.2023 before the District Commissioner, Kamrup, Amingaon. In response to the same, the Additional District Commissioner, Kamrup, Amingaon, on 01.08.2023, wrote back to the petitioner Page No.# 3/4 that there was delay in filing her application and that there was no evidence about timely submission of the application for compassionate appointment in the record of the DLC. She was therefore asked to submit her earlier application and the status as on date within 7(seven) days of receipt of the letter. The petitioner accordingly submitted all the relevant documents before the District Commissioner, Kamrup, Amingaon on 04.08.2023. However, as no further steps have been taken, the petitioner is before this Court. 4. It is submitted at the Bar that the State Government, vide Office Memorandum dated 18.09.2024, had taken a decision to stop compassionate appointment in view of the introduction of the Compassionate Family Pension Scheme. 5. Aggrieved with the said Office Memorandum, a series of writ petitions were filed before this Court and consequently, the batch of writ petitions were disposed of vide common order dated 03.04.2025 and the lead case being WP(C) No.342/2025, by directing the State respondents to consider all pending applications for compassionate appointment by the District Level Committee (DLC) or State Level Committee (SLC) in terms of the guidelines formulated by the State Government. 6. Considering the fact that the petitioner had submitted her application as far as on 13.02.2008 and thereafter, on 14.07.2023, the writ petition is disposed of with the direction to the respondent authorities concerned, to examine the case of the petitioner and if it is found that the application for compassionate appointment was indeed submitted on 13.02.2008, in that case, the case of the petitioner be placed before the next DLC concerned for considering as per the relevant guidelines in this regard. Page No.# 4/4 7. The petitioner shall, within a period of 10(ten) days from today, submit a certified copy of this order along with the copy of the writ petition to the District Elementary Education Officer, Kamrup, Amingaon (respondent No.5), who shall examine the same and if it found that the petitioner had indeed submitted her application on 13.02.2008, her case for compassionate appointment be placed before the District Commissioner-cum-Chairman of the District Level Committee, Kamrup, Amingaon (respondent No.7) within a period of 4(four) weeks of making such verification. 8. With the above observation and direction, the instant writ petition stands disposed of. 9. Before parting with the records, it is provided that it may so happen that the case of the petitioner might have been considered at some point of time. If that be so, the outcome of such consideration be communicated to the petitioner. JUDGE Comparing Assistant