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2025 DAILYLAW 19171 (GAU)

MONUHAR ALI v. THE STATE OF ASSAM AND 5 ORS

WP(C)/5846/2025 · 2025-10-12

Nelson Sailo

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010204972025 2025:GAU-AS:13604 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5846/2025 MONUHAR ALI S/O LATE MAFIZ UDDIN, VILL- NIZ BARUAJHAR, P.O.- NO. 1 PUNIA, P.S.- KHARUPETIA, DIST- DARRANG, ASSAM, PIN-784115 VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, DISPUR, GUWHAATI-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 DARRANG CUM CHAIRMAN OF DISTRICT LEVEL COMMITTEE (DLC) DARRANG FOR APPOINTMENT OF COMPASSIONATE GROUND DARRANG MANGALDOI ASSAM PIN-78412 Advocate for the Petitioner : MR. N HOSSAIN, Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU BEFORE HON’BLE MR. JUSTICE NELSON SAILO O R D E R 13.10.2025 Heard Mr. N. Hossain, learned counsel for the petitioner, Mr. G. Pegu, learned Additional Senior Government Advocate, Assam for the respondent Nos. 1, 2, 3 & 6 and Mr. G. Pegu, learned Standing Counsel, Elementary Education Department for respondent Nos. 4 and 5. Having regard to the grievance projected by the petitioner, the writ petition is taken up for disposal at the motion stage itself. 2. It is the case of the petitioner that his application for compassionate appointment was taken up for consideration by the District Level Committee (DLC), Darrang, Mangaldai, which held its meeting on 07.07.2023. Upon such consideration, the petitioner was recommended for consideration by the State Level Committee (SLC) for appointment on compassionate basis and his name appeared at Serial No.14 of the meeting minutes. Although the meeting minutes was forwarded to the State Government through the Principal Secretary to the Government of Page No.# 3/4 Assam, Elementary Education on 04.08.2023, but since the case of the petitioner have not been considered, the present writ petition has been filed. 3. Learned counsel for the petitioner submits that the State Government had come up with an Office Memorandum dated 18.09.2024, by which all compassionate appointments have been stopped in view of the introduction of Compassionate Family Pension Scheme. A number of similarly placed individuals aggrieved with the Office Memorandum had approached this Court by filing their respective writ petitions and this Court vide common order dated 03.04.2025 with WP(C) No.342/2025 as the lead case, disposed of all the writ petitions by directing the respondent authorities to consider all pending cases for compassionate appointment under the existing guidelines of the State Government. In terms of the said direction, the Personnel Department had issued a Notice on 30.08.2025 requiring all interested applicants to submit their documents and particulars for considering their appointment on compassionate basis and the last date for submission of such particulars and documents was 15.09.2025. Learned counsel for the petitioner submits that the petitioner had also submitted all the requisites on 11.09.2025 before the Secretary to the Government of Assam, Personnel Department and which was acknowledged on 15.09.2025. He submits that since the case of the petitioner is squarely covered by the earlier decision of this Court, the respondents may be directed to consider the case of the petitioner for compassionate appointment. 4. Considering the above submission and upon perusal of the materials available on record, the writ petition is disposed of by directing the Page No.# 4/4 respondent authorities to place the case of the petitioner before the next SLC for consideration in accordance with law and as per the relevant scheme in this regard. 5. With the above observations and direction, this writ petition stands disposed of. JUDGE Comparing Assistant