Page No.# 1/4 GAHC010204982025 2025:GAU-AS:12692 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5390/2025 TOSHEN BHUYAN S/O LATE JIBA KANTA BHUYAN RESIDENT OF PATHALI PAHAR PO PATHALI PAHAR, PS BIHPURIA DIST. LAKHIMPUR, ASSAM 784163 VERSUS THE STATE OF ASSAM AND 5 ORS REP BY THE CHIEF SECRETARY 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 COMMISSIONER AND SECRETARY TO GOVT OF ASSAM PERSONNEL DEPARTMENT DISPUR GUWAHATI 781006 4:THE SECRETARY TO THE GOVT OF ASSAM DEPARTMENT OF SCHOOL EDUCATION DISPUR GUWAHATI 781006 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER (DEEO) NORTH LAKHIMPUR ASSAM 787001 6:THE DISTRICT COMMISSIONER CUM CHAIRMAN DISTRICT LEVEL COMMITTEE DLC LAKHIMPUR Page No.# 2/4 FOR APPOINTMENT ON COMPASSIONATE GROUND LAKHIMPUR ASSAM 78700 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 Jiba Kanta Bhuyan, who was serving as an Assistant Teacher of Jog Baruah Majalia L.P. School, under the District Elementary Education Officer, Lakhimpur, died in harness on 03.08.2003, much before coming into force of the Notification dated 01.04.2017. Thereafter, the petitioner had applied for being appointed on compassionate ground on 04.10.2003, to the District Elementary Education Officer, Lakhimpur, but the same failed to evoke any response. Being aggrieved, the petitioner approached this Court by filing WP(C) No. 4080/2019, praying for issuing direction to the respondent authorities for consideration of his case for being appointed on compassionate ground, and vide order dated 22.09.2009, this Court was pleased to dispose of the petition in terms of the covered case i.e. Achyut Ranjan Das vs. State of Assam and Ors, in 2006 (4) GLT 674. Thereafter, again on 02.09.2021, the petitioner had approached this Court by Page No.# 3/4 filing WP(C) No. 4396/2021, praying for a direction to the respondents to consider his appointment on compassionate ground. Thereafter, pursuant to the letter dated 23.08.2023, of the Joint Secretary to the Government of Assam, Department of School Education, assurance was given to him that action will be taken on withdrawal of the writ petition, and then the said writ petition was withdrawn by the petitioner. Thereafter, the District Level Committee (DLC), Lakhimpur had considered the case of the petitioner on 01.09.2023, and recommended him for being appointed on compassionate ground to the post of UP Teacher. Thereafter, the case of the petitioner was forwarded by the District Commissioner, Lakhimpur to the Commissioner and Secretary to the Government of Assam, Department of School Education for placing the same before the next State Level Committee (SLC). However, the same has not been placed before the SLC by the respondent authorities and in the meantime, Commissioner and Secretary to the Government of the Assam, Personnel (B) Department had issued Office Memorandum, vide Memo No. ABP.104/2024/90, dated 18.09.2024, resolving not to place cases for appointment on compassionate ground before any DLC or SLC. However, the petitioner was recommended by the DLC, Lakhimpur on 01.09.2023, before the O.M. dated 18.09.2024, came into force. Being aggrieved, the petitioner has approached this Court by filing the present petition. 3. Mr. Deuri, learned Junior Government Advocate for the respondent Nos. 1, 2, 3 and 6; and Mr. Bora, 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 SLC. 4. Having heard the submissions of learned counsel for both the parties, I Page No.# 4/4 have carefully gone through the petition and the documents placed on record, and also perused the recommendation of the DLC, Lakhimpur, dated 01.09.2023. 5. Taking note of the submissions of learned counsel for both the parties, and also considering the facts and circumstances on the record, 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. 6. The aforementioned exercise shall be carried out within a period of three months from the date of receipt of certified copy of this order. 7. The petitioner shall obtain a certified copy of this order and shall place the same before the respondent authorities within a week from today. 8. In terms of above, this writ petition stands disposed of. JUDGE Comparing Assistant