Page No.# 1/4 GAHC010209152025 2025:GAU-AS:13600 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5824/2025 PALLABI DEVI CHETRY D/O LT. BHAKTA BAHADUR BHARARI, VILL- ARASUTI JANGHAL, P.O.- THELAMARA, DIST- SONITPUR, ASSAM, PIN-784149 VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT 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 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 INSPECTOR OF SCHOOLS SDC SONITPUR TEZPUR P.O.- SONITPUR DIST- SONITPUR ASSAM PIN-784001 Page No.# 2/4 6:THE DISTRICT COMMISSIONER SONITPUR -CUM- CHAIRMAN OF DISTRICT LEVEL COMMITTEE (DLC) SONITPUR FOR APPOINTMENT ON COMPASSIONATE GROUND P.O AND DIST- SONITPUR ASSAM PIN-78400 Advocate for the Petitioner : MR. N HOSSAIN, Advocate for the Respondent : GA, ASSAM, SC, SEC. EDU. BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 13.10.2025 Heard Mr. N. Hossain, learned counsel for the petitioner. Also heard Ms. P. Das, learned Standing Counsel, Secondary Education Department and Ms. K. Phukan, learned counsel for the respondent Nos. 1, 2, 3 & 6. [2.] Having regard to the nature of the case, the writ petition is taken up for disposal at the stage of motion itself. [3.] It is the second time the petitioner is before this Court. The first writ petition being WP(C) No. 5257 of 2023 was disposed of vide Order dated 13.09.2023 by interfering with the decision of the respondent authorities, who found the application of the petitioner to be time barred for seeking compassionate appointment. The matter was therefore referred back to the District Level Committee (DLC), Sonitpur for fresh consideration in accordance with law. [4.] As directed, the DLC, Sonitpur in its meeting held on 08.12.2023 Page No.# 3/4 considered the case of the petitioner once again and decided to recommend the case of the petitioner for appointment on compassionate basis in either Grade III or Grade IV post by referring the matter to State Level Committee (SLC). The Minutes of the meeting was thereafter forwarded to the Secretary to the Government of Assam, Department of School Education on 27.05.2024 but despite the same, the case of the petitioner has not been considered by the SLC. [5.] The learned counsel for the petitioner submits that the State Government in the Personnel (B) Department had come up with an Office Memorandum by which the appointment on compassionate basis has been stopped in view of the introduction of the Compassionate Family Pension Scheme. The learned counsel therefore submits that perhaps it is due to the Office Memorandum that the case of the petitioner has not been considered by the SLC. He, however submits that similarly situated with persons aggrieved with the Office Memorandum had approached this Court and all the writ petitions were disposed of by a Common Order dated 03.04.2025 and WP(C) No. 342 of 2025 being the lead case by directing the respondent authorities to consider all pending applications for compassionate appointment in terms of the relevant scheme of the State Government. Pursuant thereto, a Notice have been issued by the Personnel (B) Department on 30.08.2025 requiring all such applicants seeking compassionate appointment to submit their requisite documents before the authorities concerned on or before 15.09.2025. The petitioner has also submitted her documents for consideration. The learned counsel therefore submits that the respondent authorities may be directed to consider the case of the petitioner for compassionate appointment. [6.] Ms. P. Das, learned Standing Counsel, Secondary Education Department Page No.# 4/4 has drawn the attention of this Court to the Office Memorandum dated 18.09.2024 and submits that in a case of compassionate appointment, the basic idea behind is to give relief to the family of the deceased government servant at the earliest and that such relief cannot be expected to be given after laps of several years, such in the instant case. She submits that the Hon’ble Apex Court had clearly made an observation in this regard in Civil Appeal No. 8842 - 8855 of 2022 in the case of State of West Bengal Vs. Debabrata Tiwari & Ors. Such being the position, the learned Standing Counsel submits that no relief be given to the petitioner at this stage for want of immediacy. [7.] Having considered the submissions made by the learned counsels for the rival parties and on a perusal of the materials available on record, it is seen that the petitioner had earlier secured order of this Court on 13.09.2023 in WP(C) No. 5257 of 2023, where a direction was given to reconsiderion the case of the petitioner by the DLC concerned. Not only the DLC had made its consideration but had forwarded the same to the State Government and that the same has not been questioned by the respondent authorities by filing necessary process. [8.] Considering the same and also taking into account the fact that the petitioner had also submitted her documents on 15.09.2025 before the Secretary to the Government of Assam, Personnel (B) Department, the writ petition is disposed of by directing the respondents to place the case of the petitioner before the next SLC for consideration in terms of the relevant guidelines. JUDGE Comparing Assistant