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2025 DAILYLAW 20133 (GAU)

MD JIAUL HOQUE v. THE STATE OF ASSAM AND 5 ORS

WP(C)/5953/2025 · 2025-10-21

Nelson Sailo

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010225312025 2025:GAU-AS:13991 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5953/2025 MD JIAUL HOQUE S/O- LATE AZIBAR RAHMAN, VILLAGE AND P/O- CHIRAKUTI, P/S- FAKIRGANJ DIST- DHUBRI, ASSAM, PIN-783330 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 SCHOOL DDC DHUBRI ASSAM PIN-783301 6:THE DISTRICT COMMISSIONER CUM CHAIRMAN OF DISTRICT LEVEL COMMITTEE DLC Page No.# 2/3 DHUBRI FOR APPOINTMENT ON COMPASSIONATE GROUND DHUBRI ASSAM PIN-78330 Advocate for the Petitioner : MR. N HOSSAIN, Advocate for the Respondent : SC, SEC. EDU., GA, ASSAM BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 22.10.2025 Heard Mr. N. Hossain, learned counsel for the petitioner. Also heard Ms. K. Phukan, learned Government Advocate for the respondent Nos. 1, 2, 3 & 6 and Ms. N. M. Sarma, learned counsel for the respondent Nos. 4 & 5. [2.] Considering the nature of the grievance projected by the petitioner, the writ petition is taken up for disposal at this stage itself. [3.] It is the case of the petitioner that his father died-in-harness while serving as UD Assistant in Chirakuti Higher Secondary School under the Inspector of School, Dhubri District Circle, Dhubri on 21.09.2024. Despite the petitioner having submitted application for compassionate appointment, since his case was not considered, he approached this Court by filing WP(C) No. 2808 of 2005, which was disposed of vide Order dated 11.05.2005 by directing the respondent authorities to consider his case in accordance with law as per the relevant scheme for compassionate appointment. The case of the petitioner came to be considered by the District Level Committee, Dhubri, which held its meeting on 22.05.2024 by which it was resolved that the petitioner should be considered for appointment to the post of Junior Assistant as and when vacancy arises. A copy of the Meeting Minutes was forwarded to the Principal Secretary to the Page No.# 3/3 Government of Assam, Personnel (B) Department as well as the Inspector of Schools, Dhubri and the District Elementary Education Officer, Dhubri for necessary action. However, no action has been taken thereafter and the petitioner contends that perhaps it is due to the Office Memorandum dated 18.09.2024 by which compassionate appointment has been stopped in view of the introduction of the Compassionate Family Pension Scheme. The learned counsel submits that similarly situated persons aggrieved with the Office Memorandum had approached this Court and all the writ petitions were disposed of vide a Common Order dated 03.04.2025 and the lead case being WP(C) No. 342 of 2025. In terms of the said Order, the Government of Assam in the Personnel Department issued a Notice dated 30.08.2025 requiring all those interested to be appointed on compassionate appointment basis submit their particulars by 15th of September, 2025. It is the case of the petitioner that he has also submitted the requisites and particulars on 15.09.2025 and the same was duly received by the Office of the Secretary, Personnel Department. [4.] Considering the above position, the writ petition is disposed of by directing the respondent authorities to place the case of the petitioner before the next State Level Committee (SLC) for consideration in accordance with law as per the relevant scheme. [5.] With the above observations and directions, the writ petition stands disposed of. JUDGE Comparing Assistant