Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010156362025
2025:GAU-AS:9382
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4016/2025 RIMLI SIVAM D/O LATE NILIMA DEVI R/O PUNIA P.O. KHANDAJAN P.S. SIPAJHAR DIST. DARRANG, ASSAM PIN-784190. VERSUS THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION (ELEMENTARY) 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 DARRANG ASSAM PIN-784125. 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER (DEEO) DARRANG MANGALDAI DIST. DARRANG ASSAM
Page No.# 2/3 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 HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 23.07.2025 Heard Mr. S. U. Ahmed, learned counsel for the petitioner and Mr. B. Deuri, learned Government Advocate as well as Mr. P. K. Borah, learned counsel for the respondent Nos. 1 & 4. 2. Having regard to the projection made by the petitioner, the writ petition is taken up for disposal at this stage. 3. This is the second time the petitioner is before this Court, the earlier writ petition being WP(C) No. 5481 of 2022 was disposed of vide Order dated 23.01.2023, after the Court was informed that the case of the petitioner has been recommended by the District Level Committee (DLC, Darrang) in its meeting held on 31.12.2022. However, despite the recommendation made by the DLC, Darrang, the case of the petitioner has not been placed before the State Level Committee (SLC) for consideration in view of the Office Memorandum dated 18.09.2024, wherein, it is provided that in view of the introduction of Compassionate Family Pension Scheme, in case of compassionate appointment in respect of the employee who died-in-harness after 31.03.2017 will not be considered, the petitioner being aggrieved is again before this Court. 4. The facts of the case in brief is that the mother of the petitioner died-in-
Page No.# 3/3 harness on 22.12.2016 and at the relevant time the petitioner was a minor. On attaining majority she applied for compassionate appointment by the DLC concerned on 2 (two) occasions, i.e. 31.05.2019 and 31.12.2021 and rejected her case on account of late submission of the application.
However, the petitioner again submitted the application which was duly considered by the DLC concerned and she was recommended for consideration for compassionate appointment by the DLC, Darrang on 31.12.2022. The Office Memorandum dated 18.09.2024 provides for the cut off date as 31.03.2017, whereas, the mother of the petitioner expired on 22.12.2016. 5. A number of cases pending before this Court on the same issue were taken up for consideration with WP(C) No. 342/2025 as the lead case. This Court vide common Order dated 03.04.2025, disposed of the writ petitions by directing the respondent authorities concerned to consider all pending cases in terms of the relevant scheme formulated by the State Government. The case of the petitioner is therefore squarely covered by the said decision and that the Office Memorandum referred to hereinabove will not apply to the case of the petitioner having regard to the date of death of the decease. 6. In view of above, the writ petition is disposed of with a direction to the respondents to place the case of the petitioner before the next SLC meeting for considering her case for compassionate appointment. 7. Writ petition is accordingly stands disposed of. JUDGE Comparing Assistant