Page No.# 1/5 GAHC010140182024 2025:GAU-AS:6206 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3589/2024 PRIYANKA SAHA DAUGHTER OF LATE UDAY KUMAR SAHA, RESIDENT OF ANANDA BAZAR, HOWLI, DISTRICT- BARPETA, ASSAM, PIN- 781316 VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, DISPUR, GUWAHATI-6 2:THE COMMISSIONER AND SECRETARY EDUCATION (ELEMENTARY) DEPARTMENT DISPUR GUWAHATI-6 3:THE STATE LEVEL COMMITTEE REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM DISPUR GUWAHATI-6 4:THE DISTRICT LEVEL COMMITTEE REPRESENTED BY THE DEPUTY COMMISSIONER DISTRICT- BARPETA ASSAM 5:THE DIRECTOR DEPARTMENT OF EDUCATION (ELEMENTARY) KAHILIPARA ASSAM GUWAHATI- 781019 6:THE DISTRICT ELEMENTARY EDUCATION OFFICER DEPARTMENT OF EDUCATION (ELEMENTARY) Page No.# 2/5 DISTRICT- BARPETA ASSA Advocate for the Petitioner : MR H K DAS, MR N K SARMA Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU BEFORE HON’BLE MR. JUSTICE LANUSUNGKUM JAMIR O R D E R 19.05.2025 Heard Mr. N.K. Sarma, learned counsel for the petitioner. Also heard Mr. B. Deori, learned Government Advocate, Assam for the respondent Nos. 1, 3 & 4 and Ms. S. Chutia, learned Standing Counsel, Elementary Education Department for the respondent Nos. 2, 5 and 6. 2. The father of the petitioner late Uday Kumar Saha, who was serving as Assistant Teacher in 1995 No. Howli Thakurbari Road L.P School, died in harness on 13.03.2017. The petitioner had obtained her B.A Degree from B.H. College, Howly in the year 2015 with English as Major subject. Accordingly, she made her application in the prescribed format on 13.06.2017 for appointment on compassionate ground. The District Level Committee (DLC), Barpeta in its meeting held on 06.08.2021 considered the case of the petitioner and recommended her case for appointment to a post of Assistant Teacher in L.P School. However, the State Level Committee (SLC) in its meeting held on 22.01.2022 rejected the case of the petitioner due to non-availability of NCTE norms and she does not come under the purview of the Office Memorandum dated 02.06.2017 and her application was made after 12.04.2017. 3. The learned counsel for the petitioner submits that if the petitioner is Page No.# 3/5 not eligible for being appointed to the post of Assistant Teacher in the L.P School, the SLC could have reconsidered the case of the petitioner to any other post commensurate to her educational qualification. 4. This Court is also in agreement with the submission made by the learned counsel for the petitioner inasmuch as the policy for compassionate appointment are special employment opportunity given to the families of deceased Government employees, primarily to address financial hardship. Therefore, if the SLC had found that the petitioner does not fulfil the NCTE norms or that her consideration cannot be made under the Office Memorandum dated 02.06.2017, the petitioner could have been appointed to any other posts commensurate to her educational qualification. 5. In the meantime, the Personnel (B) Department, Government of Assam, issued an Office Memorandum on 18.09.2024, wherein it is stated that no cases for appointment on compassionate ground to the family member of State Government employees who died-in-harness or retired prematurely on being declared permanently incapacitated for service or missing and whose whereabouts is not known prior to 31.03.2017, shall be entertained by any Administrative Department/Authority for any reason whatsoever nor be placed before the SLCs/DLCs for recommendation of candidates for appointment on compassionate ground. 6. The said Office Memorandum dated 18.09.2024, was challenged in a number of writ petitions and the leading case was WP(C) No. 342 of 2025. This batch of writ petitions were disposed of by an Order dated 03.04.2025, wherein, the operative portion reads as under: Page No.# 4/5 ” 9. In view of the consent of the learned counsels for the parties, all the writ petitions that are pending as on today, i.e., 03.04.2025, in the Gauhati High Court, which have put to challenge the impugned OM dated 18.09.2024, are to be decided as follows:- (i) All the applications for compassionate appointment submitted by the petitioners shall be considered and disposed of by the concerned DLC/SLC on merit, by taking into consideration the various guidelines prior to 01.04.2017, laid down by the State Government for compassionate appointment and the judgments of the Hon’ble Supreme Court and the High Court. Consequently, the rejection of all compassionate appointments by the DLC/SLC, which have been put to challenge and are pending in the Gauhati High Court as on 03.04.2025, are set aside. (ii) The entire process for considering the various applications for compassionate appointment and the decision to be taken in each case by the concerned authorities, should be completed within a period of six months from the date of receipt of a certified copy of this order by the concerned District Commissioner, who is also the Chairman of the DLC, if the matter pertains to the DLC. In other cases, the Chief Secretary to the Government of Assam, who is the Chairman of the SLC, if the matter pertains the SLC. 10. It is made clear that in view of the consent of the parties, this Court has not gone into the merits of any of the petitioners’ cases that are being disposed of by way of this order and as such, the applications for compassionate appointment should be disposed of by the concerned authorities on merit, as they deem it fit and proper. The decision/s to be taken by the concerned authorities should be based on reasons and the decision taken should be communicated to the petitioners thereafter. It is also directed that while deciding the applications for compassionate appointment, the respondents cannot take recourse to the impugned OM dated 18.09.2024, though the judgment provided therein, i.e., the case of Debabrata Tiwari (supra), can be considered/applied by the concerned authorities. It is again made clear that this order cannot be used as a precedent for cases that are filed on 04.04.2025 and thereafter. It shall only apply to cases that are pending before this Court as on 03.04.2025. 11. The writ petitions are accordingly disposed of.” 7. Mr. B. Deori, learned Government Advocate submits that the matter Page No.# 5/5 can be remanded back to the SLC for reconsideration by the SLC with regard to the appointment of the petitioner on compassionate ground to any posts in any other Departments commensurate to her educational qualification. 8. Recording the submission made by the learned State Counsel, this writ petition is accordingly disposed of remanding the matter back to the SLC to have a reconsideration of the case of the petitioner in terms of the recommendation made by the DLC, Barpeta in its meeting held on 06.08.2021. While considering the case of the petitioner, if there is no vacancy in the concerned department, the SLC shall take recourse to Clause-15 of the Office Memorandum dated 01.06.2015 and thereafter pass appropriate orders in accordance with law in its next immediate sitting. 9. With the above observations and directions, this writ petition is disposed of. JUDGE Comparing Assistant