Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010177902025
2025:GAU-AS:10654
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4556/2025 MIRA BEGUM D/O- LAYTE ABDUL HAMID, R/O- DAKSHIN BOKORAJHAR, P.O TENGABARI, DIST- DARRANG, PIN- 784525 VERSUS THE STATE OF ASSAM AND OTHRS REPRESENTED BY THE SECRETARY TO THE GOVT OF ASSAM, SCHOOL EDUCATION (ELEMENTARY) DEPARTMENT, DISPUR, GUWAHATI-781006, ASSAM 2:STATE LEVEL COMMITTEE REP. BY THE CHIEF SECRETARY -CUM- CHAIRMAN STATE LEVEL COMMITTEE FOR APPOINTMENT ON COMPASSIONATE GROUND DISPUR GUWAHATI-06 3:DISTRICT LEVEL COMMITTEE REP. BY THE DISTRICT COMMISSIONER
DARRANG MANGALDAI ASSAM PIN-784125 4:DISTRICT ELEMENTARY EDUCATION OFFICER DARRANG MANGALDAI
Page No.# 2/4 ASSAM PIN-78412 Advocate for the Petitioner : MR A HAWARI, MR. S U AHMED Advocate for the Respondent : SC, ELEM. EDU, GA, ASSAM
BEFORE HON’BLE MR. JUSTICE NELSON SAILO O R D E R 13.08.2025 Heard Mr. S.U Ahmed, learned counsel for the petitioner, who submits that by filing this writ petition, the petitioner seeks for a direction to the respondent authorities to place the case of the petitioner before the State Level Committee (SLC) for considering her case for compassionate appointment in terms of the recommendation made by the District Level Committee (DLC), Darrang, Mangaldai, which had its meeting on
07.07.2023. The learned counsel submits that the husband of the petitioner died in harness on 03.07.2012 while working as an Assistant Teacher at No.617 Dakshin Bokorajhar L.P School in the district of Darrang, Assam.
2. The learned counsel for the petitioner submits that although the DLC had made an observation that the application of the petitioner initially was rejected due to lack of balance period of service of three years of the deceased employee, but the petitioner’s application was accepted and decided to be forwarded to the Government for further necessary action.
Learned counsel submits that as per the Service Book of the late husband of the petitioner annexed as Annexure-4 to the writ petition, his date of
Page No.# 3/4 birth is 30.03.1968. The retirement age being 60 (sixty) years, the late husband of the petitioner if still alive, would have retired on 30.03.2028. The DLC having made its recommendation on 07.07.2023, the deceased person clearly had the balance years of service left and such being the position the finding to that effect is not correct.
3. Be that as it may, the learned counsel for the petitioner submits that since it has been proposed to forward the case of the petitioner before the SLC, the SLC may be directed to consider the case of the petitioner.
4. Ms. S.Konwar, learned Junior Government Advocate and Ms. D.D Barman, learned Additional Senior Government Advocate appear for respondent Nos. 2 & 3 and submit that they may be given some time to obtain instructions in the matter.
5. It is seen that vide Office Memorandum dated 18.09.2024, the Government of Assam in the Personnel (B) Department had notified that henceforth compassionate appointment would be stopped in view of the introduction of compassionate family pension. However, a number of cases with similar grievance were taken up for consideration by a co-ordinate bench of this Court and was disposed of vide order dated 03.04.2025, wherein the lead case was WP(C) No.342/2025. Court directed that all pending cases for compassionate appointment be considered in terms of the relevant guidelines of the State Government. Admittedly, the case of the petitioner is squarely covered by the said decision.
6. In view of above, the respondents are directed to consider the case of the petitioner in the next SLC sitting and for which, the Secretary to the Government of Assam, Department of School Education (respondent No.1)
Page No.# 4/4 shall do the needful.
7. The SLC will be at liberty to scrutinize and examine the case of the petitioner in accordance with law.
8. With the above observations and direction, this writ petition stands
disposed of as allowed.
JUDGE Comparing Assistant