Page No.# 1/4 GAHC010207872025 2025:GAU-AS:12699 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5384/2025 PROBINA BORAH W/O- LATE DHARMESWAR BORAH R/O-VILLAGE -RONGOTI CHARIALI, P.O-1 NO. RONGATI CHARIALI, P.S- BIHPURIA, DISTRICT- LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY CUM CHAIRMAN, STATE LEVEL SELECTION COMMITTEE, GOVT. OF ASSAM, DISPUR, GUWAHATI -781006 2:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM ELEMENTARY EDUCATION DEPARTMENT DISPUR GUWAHATI 781006 3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI 781019 4:THE DISTRICT COMMISSIONER LAKHIMPUR CUM THE CHAIRMAN DISTRICT LEVEL SELECTION COMMITTEE LAKHIMPUR ASSAM PIN- 787001. 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER LAKHIMPUR ASSAM Page No.# 2/4 PIN787001 6:THE BLOCK ELEMENTARY EDUCATION OFFICER NARAYANPUR LAKHIMPUR ASSAM PIN- 78416 Advocate for the Petitioner : MR P R SARMA, OTOLI KITS,MR. A HUDA,MS. A Y SUMI,S YESMIN Advocate for the Respondent : SC, ELEM. EDU, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 15.09.2025 Heard Mr. P.R. Sarma, learned counsel for the petitioner. Also heard Ms. D.D. Barman, learned Addl. Senior Government Advocate for the respondent Nos. 1 and 4; and Mr. G. Pegu, learned standing counsel for the respondent Nos. 2, 3, 5 and 6. 2. The grievance, being sought to be addressed in this petition, is that the husband of the petitioner, namely, Late Dhormeswar Borah, who was serving as Assistant Teacher (Headmaster i/c) in No. 2 Dhemagarh L.P. School, in Lakhimpur district, died in harness on 26.09.2015. Thereafter, the petitioner had filed an application for being appointed on compassionate ground on 01.02.2016, which was forwarded by the Block Elementary Education Officer to the Deputy Inspector of Schools, Lakhimpur, vide communication dated 24.02.2016. But the same failed to evoke any response. 2.1. Being aggrieved, the petitioner had approached this Court by filing WP(C) No. 7010/2022, and vide order dated 23.05.2023, this Court was pleased to Page No.# 3/4 remand the matter to the DLC, Lakhimpur for consideration of the case petitioner. Thereafter, the District Level Committee (DLC), Lakhimpur had considered the case of the petitioner on 07.07.2023, and recommended her name for being appointed on compassionate ground to the post of LP Teacher, under the Office of the District Elementary Education Officer, Lakhimpur. However, the case of the petitioner has not been considered till date 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. Being aggrieved, the petitioner has approached this Court by filing the present petition. 3. Mr. Sarma, learned counsel for the petitioner submits that this petition may be disposed of at this motion stage itself, by directing the respondent authorities to place of the case of the petitioner before the next SLC. 4. Ms. Barman, learned Addl. Senior Government Advocate for the respondent Nos. 1 and 4; and Mr. Pegu, learned standing counsel for the respondent Nos. 2, 3, 5 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, Lakhimpur, dated 07.07.2023. 6. In view of the undisputed factual materials, and also taking note of the submissions of learned counsel for both the parties, this Court is inclined to dispose of this petition by directing the respondent authorities to place the case Page No.# 4/4 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