Page No.# 1/4 GAHC010207852025 2025:GAU-AS:12408 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5396/2025 SABITRI PHUKAN BHARALI @ SABITRI PHUKAN W/O- LATE LOHITESWAR BHARALI, VILLAGE- GOSAINBARI, P.S- BIHPURIA, DISTRICT- LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GUWAHATI-781006, ASSAM 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM ELEMENTARY EDUCATION DEPARTMENT DISPUR GUWAHATI-781006 ASSAM. 3:THE DIRECTOR OF ELEMENTARY EDUCATION KAHILIPARA GUWAHATI- 781019 ASSAM 4:THE DISTRICT COMMISSIONER LAKHIMPUR -CUM- DISTRICT LEVEL SELECTION COMMITTEE LAKHIMPUR ASSAM- 787001. 5:THE CHIEF SECRETARY ASSAM -CUM- STATE LEVEL SELECTION COMMITTEE TO THE GOVT. OF ASSAM DISPUR Page No.# 2/4 GUWAHATI-781006 ASSAM 6:THE DISTRICT ELEMENTARY EDUCATION OFFICER (DEEO) LAKHIMPUR ASSAM- 78700 Advocate for the Petitioner : MR P R SARMA, MR. A HUDA,MS. A Y SUMI,OTOLI KITS,S YESMIN Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 11.09.2025 Heard Mr. P.R. Sarma, learned counsel for the petitioner. Also heard Mr. B. Deuri, learned Junior Government Advocate for the respondent Nos. 1, 4 and 5; and Mr. P.K. Borah, learned standing counsel for the respondent Nos. 2, 3 and 6. 2. The grievance, being sought to be addressed in this petition, is that the husband of the petitioner, namely, Late Lohiteswar Bharali, who was serving as Science Teacher in Sonapur M.E. School, in the Lakhimpur district, died in harness on 23.08.2003. Thereafter, the petitioner had filed an application, along with all relevant documents for being appointed on compassionate ground, pursuant to the communication dated 29.06.2004, from the Office of the District Elementary Education Officer, Lakhimpur. However, the status of her application was not made known to her. Being aggrieved, she approached this Court by filing WP(C) No. 7330/2022, and this Court, vide order dated 17.08.2023, had directed the Director of Elementary Education, Assam to verify the status of the application of the petitioner and in the event the application of the petitioner had not been placed before the District Level Committee (DLC), the same would Page No.# 3/4 be placed before the next meeting of DLC, Lakhimpur. Thereafter, in compliance of the order dated 17.08.2023, the DLC, Lakhimpur in its meeting dated 01.09.2023, had recommended the petitioner for appointment on compassionate ground to the State Level Committee (SLC) for further consideration. However, the case of the petitioner has not been considered till date, and in the meantime, 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. Being aggrieved, some applicants filed different writ petitions challenging the said O.M. dated 18.09.2024, and thereafter, this Court, vide order dated 03.04.2025, in WP(C) No. 342/2025 and other connected writ petitions, directed to conduct DLC/SLC meeting in connection with the pending cases as on 03.04.2025, before this Court. 3. Mr. Sarma, learned counsel for the petitioner submits that his petition may be disposed of at this motion stage itself by directing the respondents to place the matter before the next SLC. 4. Mr. Deuri, learned Junior Government Advocate for the respondent Nos. 1, 4 and 5; and Mr. P.K. Borah, learned standing counsel for the respondent Nos. 2, 3 and 6 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 05.10.2023. 6. Taking note of the submissions of learned counsel for both the parties, and Page No.# 4/4 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. 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