Page No.# 1/4 GAHC010201222025 2025:GAU-AS:12689 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5335/2025 REJAUDDIN YUSUF S/O- LATE JAINAL ABEDIN, VILL. AND P.O. SILBARI, P.S. DALGAON, DIST. DARRANG, MANGALDOI, ASSAM, PIN- 784114. 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) DARRANG MANGALDOI ASSAM PIN- 784125. Page No.# 2/4 6:THE DISTRICT COMMISSIONER CUM CHAIRMAN OF DISTRICT LEVEL COMMITTEE (DLC) DARRANG FOR APPOINTMENT ON COMPASSIONATE GROUND DARRANG MANGALDOI ASSAM PIN- 784125 Advocate for the Petitioner : MR. N HOSSAIN, Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 15.09.2025 Heard Mr. N. Hossain, learned counsel for the petitioner. Also heard Mr. B. Deuri, learned Junior Government Advocate for the respondent Nos. 1, 2, 3 and 6; and Mr. P.K. Borah, learned standing counsel for the respondent Nos. 4 and 5. 2. The grievance, being sought to be addressed in this petition, is that the father of the petitioner, namely, Late Jainal Abedin, who was serving as Assistant Teacher in Silbari M.E. School, under the jurisdiction of District Elementary Education Officer, Darrang, Mangaldai, in Darrang district, died in harness on 25.10.2013 i.e. before issuance of the Office Memorandum dated 01.04.2017. Thereafter, the petitioner had filed an application for being appointed on compassionate ground on 07.11.2013, before the concerned authority, but the application of the petitioner was not considered. 2.1. Being aggrieved, the petitioner approached this Court by filing WP(C) No. 5712/2014, for issuing direction to the respondent authorities for placing the application of the petitioner before the District Level Committee (DLC). And vide Page No.# 3/4 order dated 14.11.2014, this Court was pleased to direct the respondent authorities to place the application of the petitioner before the DLC within a period of 15 days. Thereafter, the DLC, Darrang, in its meeting dated 16.12.2023, had recommended the name of the petitioner for being appointed on compassionate ground, against vacant post of Assistant Teacher in L.P. School. 2.2. Thereafter, the District Commissioner, Darrang had forwarded the proposal of the petitioner as per format to the Secretary to the Government of Assam, Department of School Education (Elementary), Assam for placing the same before the next State Level Committee (SLC) meeting for further consideration. However, before consideration of the case of the petitioner by the SLC, the Commissioner and Secretary to the Government of the Assam, Personnel (B) Department had issued Office Memorandum, dated 18.09.2024, resolving not to place cases for appointment on compassionate ground before any DLC or SLC. But, the petitioner’s name was recommended by the DLC, Darrang in its meeting dated 16.12.2023, i.e. much earlier than the O.M. dated 18.09.2024. Being aggrieved, the petitioner has approached this Court by filing the present petition. 3. Mr. Hossain, learned counsel for the petitioner submits that this petition may be disposed of at this motion stage itself by directing the respondents to place the case of the petitioner before the next available SLC. 4. Mr. Deuri, learned Junior Government Advocate for the respondent Nos. 1, 2, 3 and 6; and Mr. Borah, learned standing counsel for the respondent Nos. 4 and 5 submit that they have no objection in the event of disposing of this petition by directing the respondent authorities to place the case of the petitioner before the next SLC. Page No.# 4/4 5. Having heard the submissions of learned counsel for both the parties, I have carefully gone through the petition and the documents placed on record, and also perused the recommendation of the DLC dated 16.12.2023. 6. In view of the undisputed factual materials and further taking note of the submissions of learned counsel for both the parties, this Court is inclined to dispose of this petition by directing the respondent authorities to place the case of the petitioner before the next SLC and on such proposal being placed before the SLC, the SLC shall consider the same, in accordance with law. 7. The aforementioned exercise shall be carried out within a period of three months from the date of receipt of certified copy of this order. 8. The petitioner shall obtain a certified copy of this order and shall place the same before the respondent authorities within a week from today. 9. In terms of above, this writ petition stands disposed of. JUDGE Comparing Assistant