Page No.# 1/4 GAHC010201242025 2025:GAU-AS:12690 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5349/2025 SAZIDUL HAQUE S/O- LATE ABED ALI, VILL. NO. 2 KUARIPUKHURI, P.O. KUARIPUKHURI, P.S. KHARUPETIA, DIST. DARRANG, MANGALDOI, ASSAM, PIN- 784115. 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 GOVT. OF ASSAM PERSONNEL DEPARTMENT DISPUR GUWAHATI-781006. 4:THE SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF SCHOOL EDUCATION DISPUR GUWAHATI-6. 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER (DEEO) DARRANG MANGALDOI ASSAM PIN- 784125. 6:THE DISTRICT COMMISSIONER CUM CHAIRMAN OF DISTRICT LEVEL Page No.# 2/4 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. Bora, 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 Abed Ali, who was serving as a Grade-IV employee in Kuari Pukhuri Girls 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. 4390/2014, praying for issuing direction to the respondent authorities for placing the application of the petitioner before the District Level Committee (DLC). And vide order dated 05.09.2014, this Court was pleased to direct the Page No.# 3/4 respondent authorities to place the application of the petitioner before the DLC within a period of two weeks. Thereafter, the DLC, Darrang, in its meeting dated 07.07.2023, had recommended the name of the petitioner for being appointed on compassionate ground against vacant Grade-IV post, and 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 considering 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 07.07.2023, i.e. much earlier than issuance of 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 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. 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 07.07.2023. Page No.# 4/4 6. In view of the undisputed factual materials, as discussed herein above and also 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