Page No.# 1/4 GAHC010174462025 2025:GAU-AS:10652 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4542/2025 BISWAJIT NATH S/O LT SUBHASH NATH R/O VILL AND PO NAPAM PS TEZPUR DIST SONITPUR PIN 784028 VERSUS THE STATE OF ASSAM AND ORS THROUGH THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM ELEMENTARY EDUCATION DEPARTMENT DISPUR GUWAHATI 781006 2:THE STATE LEVEL COMMITTEE FOR COMPASSIONETE APPOINTMENT REP BY ITS CHAIRMAN THE CHIEF SECRETARY TO THE GOVT OF ASSAM DISPUR ASSAM GUWAHATI 781006 3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI 781019 4:THE DISTRICT LEVEL COMMITTEE OF COMPASSIONATE APPOINTMENT SONITPUR REP BY ITS CHAIRMAN THE DEPUTY COMMISSIONER DIST SONITPUR PIN 784001 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER SONITPUR PO TEZPUR DIST SONITPUR PIN 78400 Page No.# 2/4 Advocate for the Petitioner : MR. S C BISWAS, MS. K L R YANTHAN,MS A DAS,MS. J GHOSH,MS. U NANDA,MR. A K DAS,MS. S. CHANDA Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 13-08-2025 Heard Mr. SC Biswas, learned counsel for the petitioner. Also heard Ms. S Konwar, learned Government Advocate appearing for the respondent Nos. 2 & 4 as well as Ms. PK Bora, learned Standing Counsel, Elementary Education Department appearing for the respondent Nos. 1, 3 & 5. [2.] Having regard to the nature of the grievance projected by the petitioner, the writ petition is taken up for disposal at this motion stage itself. [3.] It is the case of the petitioner that his father, who was working as Headmaster of Gotaimari LP School under Naduar Education Block, Jamugurihat in the district of Sonitpur, Assam died-in-harness on 08.01.2013. The petitioner thereafter submitted his application for compassionate appointment. But the District Level Committee (DLC), Sonitpur could not recommend his name for appointment on compassionate basis due to non-availability of posts. [4.] The petitioner subsequently approached this Court by filing WP(C) 7126/2022, which was disposed of, vide order dated 04.01.2023 by directing the respondent authority concerned to place the case of the petitioner before the next DLC meeting for consideration. Page No.# 3/4 [5.] In terms of the said direction, the petitioner was considered by the DLC, Sonitpur which met on 10.09.2024 and he was recommended along with 5 (five) others for appointment to Grade-III/Grade-IV posts. It was also indicated that there was no vacancy in the Sonitpur district under the office of the District Elementary Education Officer (DEEO), Sonitpur. Despite such recommendation, since the case of the petitioner has not been placed before the State Level Committee (SLC), the petitioner is before this Court. [6.] Although the petitioner has not incorporated the Officer Memorandum (OM) dated 18.09.2024 issued by the Government of Assam in the Personnel (B) Department, which is to the effect that in view of the introduction of the Compassionate Family Pension Scheme, the compassionate appointment would henceforth be stopped, it may however, be noted that this Court in a number of writ petitions, wherein the petitioners had similar grievance as the present writ petitioner had taken up the matters for consideration and disposed of the cases by a common order dated 03.04.2025, wherein the lead case was WP(C) 342/2025 directing the respondent authority concerned to consider the case of the petitioners for compassionate appointment in respect of all those pending cases in terms of the relevant guidelines of the State Government. The case of the present writ petitioner only appears to be covered by the said decision. [7.] Accordingly, the respondent authorities are directed to place the case of the petitioner before the next meeting of the State Level Committee (SLC), Sonitpur for considering his appointment on compassionate basis. To facilitate such consideration, the respondent No. 1, i.e., the Secretary to the Government of Assam, School Education Department shall do the needful. It is also seen that Page No.# 4/4 a copy of the DLC, Sonitpur minutes dated 10.09.2024 was also marked to the said authority at Sl. No. 1. [8.] With the above observation and direction, this writ petition stands disposed of. JUDGE Comparing Assistant