Page No.# 1/4 GAHC010207602025 2025:GAU-AS:12700 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5388/2025 ATIQUL HUSSAIN S/O LATE SADEK HUSSAIN RESIDENT OF VILLAGE BHUTIADANGA, PO SUKCHAR, PS SUKCHAR, DIST SOUTH SALMARA MANKACHAR, ASSAM 783128 VERSUS THE STATE OF ASSAM 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 SOUTH SALMARA PO AND DIST SOUTH SALMARA ASSAM 783131 6:THE DISTRICT COMMISSIONER CUM CHAIRMAN Page No.# 2/4 DISTRICT LEVEL COMMITTEE DLC SOUTH SALMARA FOR APPOINTMENT ON COMPASSIONATE GROUND PO AND DIST SOUTH SALMARA ASSAM 78313 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 Sadek Hussain, who was serving as Head Teacher of 15 No. Bhutiadanga L.P. School, under the Deputy Inspector of Schools, South Salmara, in South Salmara district, died in harness on 14.11.2004. Thereafter, the petitioner had filed an application for being appointed on compassionate ground on 14.12.2004, before the concerned authority. For non-consideration of the same, the petitioner approached this Court by filing WP(C) No. 5850/2005, praying for issuing direction to the respondent authorities for being appointed on compassionate ground, and vide order dated 23.12.2005, this Court was pleased to direct the respondent authorities to consider the case of the petitioner for appointment on compassionate ground within a period of 60 days. Thereafter, the DLC, South Salmara, in its meeting dated 21.12.2021, had recommended the name of the petitioner for being appointed on compassionate ground against vacant post of Page No.# 3/4 Assistant Teacher in L.P. School, and thereafter, the then Deputy Commissioner, South Salmara 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, 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, while the name of the petitioner was recommended by the DLC, South Salmara in its meeting dated 21.12.2021, i.e. much earlier than 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. 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 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. 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