Page No.# 1/3 GAHC010217492025 2025:GAU-AS:13603 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5834/2025 SAIFUL ISLAM S/O LATE SABED ALI, VILL- LURFURIA, P.O.- SITOLI, P.S. AND DIST- BARPETA, ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION DEPARTMENT, DISPUR, GUWAHATI-06 2:THE SECRETARY TO THE GOVERNMENT OF ASSAM PERSONNEL DEPARTMENT DISPUR GUWAHATI-06 3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER BARPETA DIST- BARPETA ASSA Advocate for the Petitioner : MR. M K MISRA, MR. S RANA Advocate for the Respondent : SC, ELEM. EDU, GA, ASSAM Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 13.10.2025 Heard Mr. M. K. Misra, learned counsel for the petitioner. Also heard Ms. S. Konwar, learned Standing Counsel, Elementary Education Department for the respondent Nos. 1, 3 and 4 and Ms. K. Phukan, learned Govt. Advocate for the respondent No.2. [2.] Having regard to the nature of the grievance projected by the petitioner the matter is taken up for disposal at the motion stage itself. It is the case of the petitioner that his late father was serving as Head Master of Sidhuni M. E. Madrassa, Sidhuni and he died-in-harness on 31.05.2006. The petitioner therefore submitted an application on 10.09.2007 seeking appointment on compassionate basis. Despite assurance given to the petitioner that his case will be considered, the same having not been done the petitioner has filed the instant writ petition. The State Government in the Personnel (B) Department has come up with an Office Memorandum dated 18.09.2024 by which all compassionate appointment have been stopped in view of the introduction of the Compassionate Family Pension Scheme. A number of similarly situated persons aggrieved with the Office Memorandum had approached this Court and all the cases were disposed of by a common order dated 03.04.2025 with the lead case being WP(C)/342/2025 directing the respondent authority to consider all pending cases for compassionate appointment in terms of the relevant guidelines of the State Government. In terms of the said order, a notice was issued by the Personnel Department on 30.08.2025 requiring the persons concerned to submit their application with the requisite documents on or before Page No.# 3/3 15th of September, 2025 for consideration of the case of compassionate appointment. The petitioner in terms of the said notice had also submitted his documents before the authority concerned on 15.09.2025 but apprehending that the same will not be considered in view of the observation made by this Court in the WP(C)/2324/2023 vide order dated 05.05.2025, He has therefore filed the instant writ petition. A perusal of the said order would go to show that the direction given by the Court on 03.04.2025 in WP(C)/342/2025 would be applicable only to those pending cases as on 03.04.2025. However, subsequently this Court in WP(C)/2888/2025 vide order dated 04.06.2025 has observed that consideration should not be limited to only those cases which were pending as on 03.04.2025 for the ends of justice and having regard to the observations made in paragraph Nos. 9 and 10 of the order dated 03.04.2025 in WP(C)/342/2025. [3.] Therefore without expressing anything on merit and having regard to the fact that the petitioner had also submitted an application within time in terms of the notice dated 30.08.2025 and also taking into account paragraph Nos. 3, 9 and 10 of the order dated 03.04.2025 passed in WP(C)/342/2025, the writ petition is disposed of by directing the respondent authorities to consider the case of the petitioner in accordance with law by way of passing an appropriate and reasoned order within a period of 6(six) weeks from the date of receipt of a certified copy of this order. [4.] With the above observations and directions, the writ petition stands disposed of. JUDGE Comparing Assistant