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2025 DAILYLAW 15542 (GAU)

MOUSHOMI PURKAYASTHA v. THE STATE OF ASSAM AND 5 ORS

WP(C)/5003/2025 · 2025-08-31

Nelson Sailo

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010148232025 2025:GAU-AS:11670 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5003/2025 MOUSHOMI PURKAYASTHA D/O- LATE KAMALESH PURKAYASTHA, VILL.- RANGABAK PT-II, P.O. AND P.S. KATLICHERRA, DIST. HAILAKANDI, ASSAM, PIN- 788161. 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 (DEEO) HAILAKANDI ASSAM PIN- 788151. Page No.# 2/4 6:THE DISTRICT COMMISSIONER CUM CHAIRMAN OF DISTRICT LEVEL COMMITTEE (DLC) HAILAKANDI FOR APPOINTMENT ON COMPASSIONATE GROUND HAILAKANDI ASSAM PIN- 788151 Advocate for the Petitioner : MR. A DEKA, MR. N HOSSAIN Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU BEFORE HON’BLE MR. JUSTICE NELSON SAILO O R D E R 01.09.2025 Heard Mr. A. Deka, learned counsel for the petitioner, who submits that the petitioner’s father was serving as Head Teacher of 304 No. Swapanpur L.P School under the administrative jurisdiction of the District Elementary Education Officer, Hailakandi and he died in harness on 02.02.2014. The petitioner being the daughter of the deceased Government Employee, sumitted her application for compassionate appointment on 28.10.2014 before the Block Elementary Education Officer, Katlicherra. Since the application of the petitioner was not considered, the petitioner filed WP(C) No.2599/2023 before this Court and during the pendency of the writ petition, the District Level Committee (DLC), Hailakandi which held its meeting on 19.09.2023, recommended the petitioner for appointment to the post of Assistant Teacher in Middle Schools and the name of the petitioner appears at Serial No.8 of the said meeting minutes. However, in the meantime, the State Government issued an Office Memorandum dated 18.09.2024, notifying that henceforth there Page No.# 3/4 shall be no compassionate appointment in view of the introduction of Compassionate Family Pension Scheme. Aggrieved with the same, the petitioner has filed the instant writ petition. 2. Learned counsel for the petitioner submits that similar other persons had approached this Court seeking for a direction for appointment on compassionate basis and this Court vide common order dated 03.04.2025 passed in WP(C) No.342/2025 connected with similar other batches of writ petitions, directed that all pending applications for compassionate appointment be considered by the State respondents in the State Level Committee (SLC) on the basis of the relevant guidelines in this regard. 3. Learned counsel for the petitioner submits that the case of the petitioner is also squarely covered by the said decision. He also submits that pursuant to the said decision, the State Government in the Personnel Department have come up with a Notice dated 30.08.2025 by directing all similarly situated applicants to submit their details to the office of the Secretary to the Government of Assam, Personnel Department on or before 15.09.2025. Learned counsel for the petitioner thus submits that the petitioner may also be allowed to submit her details for consideration. 4. In view of above, the writ petition is disposed of by directing the petitioner to submit all the necessary details for considering her appointment on compassionate basis before the authority concerned in terms of the Notice dated 30.08.2025. 5. With the above observations and direction, the writ petition stands disposed of. 6. The Notice dated 30.08.2025 is retained in record and marked as ‘X’ Page No.# 4/4 for identification. 7. Ms. K. Phukan, learned Government Advocate appears for respondent Nos. 1, 2, 3 & 6 while Ms. N. Phukan, learned Standing Counsel, Elementary Education Department appears for respondent Nos. 4 and 5. JUDGE Comparing Assistant