SIRIN SULTANA LASKAR v. THE STATE OF ASSAM AND 3 ORS
WP(C)/7034/2023 · 2025-11-30
Kardak Ete
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 24015 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24015 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010273662023
2025:GAU-AS:16436
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7034/2023 SIRIN SULTANA LASKAR S/O- LT. ABDUS SATTAR LASKAR, VILL- ALGAPUR, P.O. KALIBARI BAZAR, DISTRICT- HAILAKANDI, ASSAM, PIN- 788150 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, SCHOOL EDUCATION (ELEMENTARY) DEPARTMENT, DISPUR, GHY-6 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY-19 3:THE DISTRICT COMMISSIONER HAILAKANDI P.O. AND DISTRICT- HAILAKANDI ASSAM PIN- 788151 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER HAILAKANDI P.O. AND DISTRICT- HAILAKANDI ASSAM PIN- 78815 Advocate for the Petitioner : MR. N HOSSAIN, MS A BEGUM,MR. A M BARBHUIYA Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU
Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 01-12-2025 Heard Mr. A. M. Barbhuiya, learned counsel for the petitioner. 2. This is an application seeking appointment on compassionate ground. 3. The father of the petitioner, namely, Late Abdus Sattar Laskar, who was serving as the Head Teacher of 657 No. Sishu Kolyan L.P. School (provincialized) in the District of Hailakandi, had died in harness on 10.08.2009, leaving behind the petitioner and his mother. The petitioner was aged about 7 (seven) years old at the time of his father’s death. On attaining the age of majority on 31.07.2023, the petitioner applied for appointment on compassionate ground under the policy of the State Government for compassionate appointment. 4. It is the specific case of the petitioner that the respondent authorities has not placed the case of the petitioner before the District Level Committee on the ground that he has submitted the application belatedly without considering the fact that he could submit his application only on attaining the age of majority. 5. It is stated at the Bar that in the meantime, the State of Assam has abolished the policy relating to compassionate appointment. Consequently, the petitioner filed a subsequent writ petition, being WP(C) No. 483/2025, challenging the notification abolishing the policy of appointment on compassionate ground. 6. It is noticed that this Court, vide order dated 03.04.2025, has disposed of the
Page No.# 3/4 said WP(C) No. 483/2025 along with all other analogous writ petitions leading case being WP(C) No. 342/2025 (Abdul Kadir Bokshi Vs. The State of Assam & Ors.), on the consent of the learned counsel for the parties, as under:-
“9.
In view of the consent of the learned counsels for the parties, all the writ petitions that are pending as on today, i.e., 03.04.2025, in the Gauhati High Court, which have put to challenge the impugned OM dated 18.09.2024, are to be decided as follows:-
(i) All the applications for compassionate appointment submitted by the petitioners shall be considered and disposed of by the concerned DLC/SLC on merit, by taking into consideration the various guidelines prior to 01.04.2017, laid down by the State Government for compassionate appointment and the judgments of the Hon’ble Supreme Court and the High Court. Consequently, the rejection of all compassionate appointments by the DLC/SLC, which have been put to challenge and are pending in the Gauhati High Court as on 03.04.2025, are set aside. (ii) The entire process for considering the various applications for compassionate appointment and the decision to be taken in each case by the concerned authorities, should be completed within a period of six months from the date of receipt of a certified copy of this order by the concerned District Commissioner, who is also the Chairman of the DLC, if the matter pertains to the DLC. In other cases, the Chief Secretary to the Government of Assam, who is the Chairman of the SLC, if the matter pertains the SLC.”
7. Having considered the submissions of learned counsel for the parties and considering that the subsequent writ petitions challenging the Office Memorandum dated 18.09.2024, including the writ petition of the petitioner, having been disposed of by this Court with the above directions, I am of the considered view that no issue
Page No.# 4/4 remains for adjudication and thus, matter has become infructuous. 8. Accordingly, writ petition stands closed and disposed of. JUDGE Comparing Assistant