Page No.# 1/5 GAHC010204002025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5266/2025 JABIN SULTANA D/O LATE MOMTAZUL ISLAM, VILL. SANTAK NA-GAON, P.O. SANTAK, P.S .SIMOLUGURI, DIST. SIVASAGAR, ASSAM, PIN 785687 VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE CHIEF SECY. TO THE GOVT. OF ASSAM, DISPUR, GUWAHATI 781006 2:THE CHAIRMAN OF STATE LEVEL COMMITTEE (SLC) FOR APPOINTMENT ON COMPASSIONATE GROUND DISPUR GUWAHATI 781006 3:THE COMMISIONER AND SECY. TO THE GOVT. OF ASSAM PERSONNEL DEPTT. DISPUR GUWAHATI 781006 4:THE SECY. TO THE GOVT. OF ASSAM DEPTT OF SCHOOL EDUCATION DISPUR GUWAHATI 6 5:THE DIST. ELEMENTARY EDUCATION OFFICER SIVSAGAR P.O. AND DIST. SIVSAGAR ASSAM PIN 785640 6:THE DIST. COMMISSIONER CUM CHAIRMAN OF DIST. LEVEL COMMITTEE (DLC) SIVSAGAR FOR APPOINTMENT ON COMPASSIONATE GROUND Page No.# 2/5 P.O. AND DIST. SIVSAGAR ASSAM PIN 78564 Advocate for the Petitioner : MR. N HOSSAIN, Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 08.09.2025 Heard Mr. N. Hossain, learned counsel for the petitioner; Mr. B. Deuri, learned Government Advocate for the respondent Nos. 1, 2, 3 & 6; and Ms. N. Phukan, learned standing counsel for the Elementary Education Department, respondent Nos. 4 & 5. 2. In this petition, under Article 226 of the Constitution of India, the petitioner has challenged the Office Memorandum No. ABP.104/2024/90, dated 18.09.2024 and also prayed for issuing direction to the respondent authorities to place the recommendation of the DLC, dated 30.08.2024, before the SLC, for appointing him in any Grade-III post on compassionate ground. 3. Mr. Hossain, learned counsel for the petitioner, submits that the father of the petitioner, namely late Momtazul Islam, was serving as Assistant Teacher at Tengapukhuri M.V. School, under the Elementary Education Officer, Sivsagar and he died in harness on 25.12.2004. Thereafter, on 22.09.2005, the petitioner applied for being appointed on compassionate ground before the concerned authority as per prevailing norms. But, the said application failed to evoke any response from the respondent authorities and therefore, the petitioner had approached this Court by filing a writ petition, being W.P(C) No. 5856/2023 and Page No.# 3/5 prayed for directing the respondent authorities to consider the said application for being appointed on compassionate ground and the said writ petition was disposed on 06.10.2023, by directing the respondent authorities to place the application of the petitioner for consideration before the DLC, Sivsagar. Thereafter, on 30.08.2024, the DLC had recommended the name of the petitioner for appointment on compassionate ground in any Grade-III post, in any other department. Thereafter, the then District Commissioner, Sivsagar had forwarded the proposal of the petitioner to the Secretary to the Government of Assam in the Elementary Education Department for placing the same before the next SLC meeting for further consideration. But, till date, the petitioner is not aware of about the consideration of her case by the SLC, nor any order has been communicated to her in this regard. 3.1. Further submission of Mr. Hossain is that in the meantime, the Commissioner and Secretary to the Government of Assam in the Personnel (B) Department had issued the impugned O.M. dated 18.09.2024, wherein it is decided that no case for appointment on compassionate ground will be entertained by any Administrative Department/Authority for any reason whatsoever nor be placed before SLC/DLC for recommendation of candidate for being appointed on compassionate ground. 3.2. It is further submitted by Mr. Hossain that the case of the petitioner was recommended by the DLC, on 30.08.2024, prior to O.M. dated 18.09.2024, and under such circumstances, the petitioner has approached this Court by filing this writ petition seeking the relief as stated above. 3.3. Mr. Hossain also submits that in a similarly situated case, in W.P.(C) No. 2669/2025, a Coordinate Bench of this Court, vide order dated 19.05.2025, has directed the respondent authorities for placing the recommendation made by Page No.# 4/5 the DLC before the SLC for further consideration. 4. Per-contra, Mr. Deuri, learned Government Advocate for the respondent Nos. 1, 2, 3 & 6 submits that as per direction of this Court, passed in W.P.(C) No. 5856/2023, the case of the petitioner was placed before the DLC and since, vide order dated 30.08.2024, the DLC had considered the case of the petitioner and recommended her name for being appointed on compassionate ground in any Grade-III post in any other department as a special case, now the matter has to be placed before the SLC so as to take the proposal of the petitioner to its logical conclusion. Therefore, Mr. Deuri submits that he has no objection in the event of disposing of this petition by directing the respondent authorities to place the proposal of the petitioner for being appointed on compassionate ground in any Grade-III post in any department before the SLC. 5. Taking note of the submissions of learned counsel for both the parties and also taking note of the direction issued by this Court, vide order dated 06.10.2023, in W.P.(C) No. 5856/2023 and also in view of the decision of Abdus Sattar Ahmed vs. The State of Assam and Others, in W.P.(C) No. 2669/2025, this Court is inclined to dispose of this petition by directing the respondent authorities to place the recommendation of the DLC in respect of the proposal of the petitioner for being appointed on compassionate ground in any Grade-III post in any other department before the SLC for further consideration. 6. The aforesaid exercise has to be carried out within a period of 3 (three) months from the date of receipt of the certified copy of this order. 7. The petitioners shall obtain a certified copy of this order and place the same before the respondent authorities within a period of 1 (one) week from Page No.# 5/5 today. JUDGE Comparing Assistant