MD. SARIFUDDIN AHMED v. THE STATE OF ASSAM AND 6 ORS
WP(C)/7130/2025 · 2025-12-11
Robin Phukan
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 24693 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24693 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010273132025
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7130/2025 MD. SARIFUDDIN AHMED S/O- LATE SARIFUDDIN ALI, VILL.- SUKEKUCHI, P.O. SOLMARA, P.S.
BELSOR, DIST. NALBARI, ASSAM, PIN- 781338. VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, PERSONNEL DEPARTMENT, DISPUR, GUWAHATI-781006. 2:THE STATE LEVEL COMMITTEE (SLC) FOR APPOINTMENT ON COMPASSIONATE GROUND REPRESENTED BY ITS CHAIRMAN-CUM-CHIEF SECRETARY GOVERNMENT OF ASSAM DISPUR GUWAHATI-781006. 3:THE SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF SCHOOL EDUCATION DISPUR GUWAHATI-781006. 4:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019. 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER (DEEO) NALBARI ASSAM PIN- 781335. Rajib Kumar Roy Digitally signed by Rajib Kumar Roy Date: 2025.12.16 15:38:06 +05'30'
Page No.# 2/3 6:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF ANIMAL HUSBANDRY AND VETERINARY DISPUR GUWAHATI-781006. 7:THE DIRECTOR OF ANIMAL HUSABANDRY AND VETERINARY ASSAM M G ROAD CHENIKUTHI GUWAHATI-781003 Advocate for the Petitioner : MR. L GOGOI, MR N SARMA Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU
BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 12.12
.2025 Heard Mr. N. Sarma, learned counsel for the petitioner. Also head Mr. G. Pegu, learned Additional Senior Government Advocate, appearing for the respondent Nos.1 and 2 and Mr. P.K. Borah, learned standing counsel for the respondents in Elementary Education Department. 2. In this petition, under Article 226 of the Constitution of India, the petitioner has challenged the Office Memorandum dated 18.09.2024, issued by the Commissioner and Secretary to the Govt. of Assam, Personnel (B) Department, Dispur, Guwahati, in respect of the petitioner, deciding not to place any proposal before SLCs/DLCs for recommendation of candidates for appointment on compassionate ground. 3. Mr. Sarma, learned counsel for the petitioner submits that the father of the petitioner, namely, Saifuddin Ali was serving as Grade-IV employee in the office of the District Animal Husbandry and Veterinary Officer, Nalbari, who died in harness on
28.08.2003. Thereafter, the petitioner has submitted one application on 11.06.2004,
Page No.# 3/3 before the respondent authorities for being appointed on compassionate appointment.
As the said application has not been processed, the petitioner has approached this Court, by filing WP(C) No.7739/2022 and this Court disposed of the said writ petition, vide order dated 09.12.2022, by directing the respondent authorities to place the case of the petitioner before the District Level Committee (DLC), Nalbari and accordingly, the case of the petitioner was placed before the DLC, Nalbari in its meeting held on 08.02.2023. The DLC has recommended the name of the petitioner for being appointed to the post of Grade-IV against unreserved vacant post of Upper Primary School at DEEO office, but his case has not been placed before the State Level Committee (SLC) on account of the O.M. dated 18.09.2024, issued by the Commissioner and Secretary to the Govt. of Assam, Personnel (B) Department. 4. Mr. Sarma submits that the present writ petition may be disposed of by directing the respondent authorities to place the case of the petitioner before the State Level Committee (SLC) and the petitioner has also submitted his case particulars pursuant to the notice dated 30.08.2025, vide Annexure-7 at page No.35 of the petition. 5. Mr. Pegu, learned Additional Senior Government Advocate for the respondent Nos.1 and 2 submits that this writ petition may be disposed of by directing the respondent authorities to place the matter before the SLC. 6. Accordingly, as agreed upon, this Court is inclined to dispose of this petition by directing the respondent authorities to place the case of the petitioner before the next available SLC. Let the exercise mentioned above, be carried out within a period of 6(six) weeks from the date of receipt of certified copy of this order. Comparing Assistant Sd/- Robin Phukan JUDGE