AMRITANGSU NATH MAZUMDER v. THE STATE OF ASSAM AND OTHRS
WP(C)/4244/2025 · 2025-07-31
Nelson Sailo
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 16613 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16613 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010164672025
2025:GAU-AS:9897
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4244/2025 AMRITANGSU NATH MAZUMDER S/O- LATE AKHIL CH. NATH MAZUMDAR, VILL- PADMARPAR, P.O- KALIBARI BAZAR, P.S- ALGAPUR, DIST- HAILAKANDI, ASSAM VERSUS THE STATE OF ASSAM AND OTHRS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, DISPUR, GUWAHATI-06, ASSAM 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PERSONNEL DEPARTMENT DISPUR GUWAHATI-06 ASSAM 3:THE STATE LEVEL COMMITTEE REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR GUWAHATI-06 ASSAM 4:THE DISTRICT LEVEL COMMITTEE HAILAKANDI REP. BY ITS CHAIRMAN/DISTRICT COMMISSIONER HAILAKANDI ASSAM 5:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF FINANCE DISPUR
Page No.# 2/3 GUWAHATI-06 ASSAM 6:THE DIRECTOR OF ELEMENTARY EDUCATION KAHILIPARA GUWAHATI-1 Advocate for the Petitioner : MS A BEGUM, MS S R MAZARBHUIYA,MR. A M BARBHUIYA Advocate for the Respondent : GA, ASSAM, SC, FINANCE,GA, ASSAM,SC, ELEM. EDU
BEFORE HONOURABLE MR. JUSTICE NELSON SAILO
ORDER Date : 01-08-2025
Heard Mr. AM Barbhuiya, learned counsel for the petitioner and Mr. B Deuri, learned Government Advocate appearing for the State respondents.
2. Having regard to the nature of case projected by the petitioner, the writ petition is disposed of at the motion stage itself.
3. This is the 2nd time, the petitioner is before this Court, the earlier writ petition being WP(C) 2149/2022 was disposed of, vide order dated 25.05.2022. The case of the petitioner therein was that his application for compassionate appointment was rejected on the ground of being underage. But, this Court observed that on the date of consideration, the petitioner had attained the age of majority and therefore, directed the District Level Committee (DLC), Hailakandi to consider his case for compassionate appointment.
4. The DLC thereafter held its meeting on 19.09.2023, wherein the name of the petitioner was placed at Sl. No. 3 amongst the recommended candidates for the post of Assistant Teacher in LP School. Despite the recommendation, the
Page No.# 3/3 case of the petitioner could not be considered by the State Level Committee (SLC) on the ground that the State Government in the meantime had come up with an Office Memorandum (OM) dated 18.09.2024 by which the compassionate appointment had been done away with, in view of the introduction of the Compassionate Family Pension Scheme. It may be noticed that a number of cases on similar ground had been considered by this Court and the lead case being WP(C) 342/2025. The bunch of cases were disposed of, vide
order dated 03.04.2025 by directing the respondent authorities to consider all the pending cases, as per the Government Policy.
5. The learned counsel for the petitioner has also drawn the attentions of this Court to Annexure- 6 of the writ petition, which is an order dated 30.04.2025 passed in WP(C) 2070/2025 which was disposed of on the basis of the earlier Court’s order dated 03.04.2025 in WP(C) 342/2025. Therefore, having regard to the projection made by the petitioner, it appears that the petitioner’s case is also covered by the earlier direction of this Court.
6. In view of above, the respondent authorities are directed to place the case of the petitioner before the next SLC sitting for considering his case for appointment on compassionate basis.
7. With the above observations and directions, this writ petition stands
disposed of.
JUDGE Comparing Assistant