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2025 DAILYLAW 25230 (GAU)

JOHIRUL ISLAM LASKAR v. THE STATE OF ASSAM AND 3 ORS.

WP(C)/7137/2025 · 2025-12-11

Robin Phukan

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010273712025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7137/2025 JOHIRUL ISLAM LASKAR SON OF LATE NAZRUL ISLAM LASKAR,BRPART-I, P.O.VILLAGE- GHAGRAPARSALCHAPRA, P.S. SILCHAR, DISTRICT-CACHAR,ASSAM, PIN- 788801 VERSUS THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE COMMISSIONER 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 GOVT. OF ASSAM DISPUR GUWAHATI-781006 3:THE SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF SCHOOL EDUCATION DISPUR GUWAHATI-781006. 4:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019 Advocate for the Petitioner : MR N SARMA, MR. L GOGOI Rajib Kumar Roy Digitally signed by Rajib Kumar Roy Date: 2025.12.16 15:36:57 +05'30' Page No.# 2/3 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 and also to issue direction to the State respondents, more particularly the State Level Committee (SLC) to consider the case of the petitioner for appointment on compassionate ground as per the recommendation made by the DLC, Cachar, in its meeting held on 10.05.2022, pursuant to the order of this Court dated 31.08.2024, in WP(C) No.1520/2023. 3. Mr. Sarma, learned counsel for the petitioner submits that the father of the petitioner, namely, Nazrul Islam Laskar, who was serving as Assamese Language Teacher at Gagharapar M.V. School, Cachar, died in harness on 10.06.1998. At the time of death of his father, the petitioner was minor. After attaining majority, he submitted an application on 02.06.2007, before the authorities for being appointed on compassionate ground, but the same has not been considered by the respondent authorities. Thereafter, the petitioner has approached this Court, by filing WP(C) No.1639/2022 and the same was disposed of, vide order dated 07.02.2022, by directing the respondent authorities to place Page No.# 3/3 the matter before the DLC, Cachar. Thereafter, the matter was placed before the DLC, Cachar and in its meeting held on 10.05.2022, the DLC, Cachar has recommended the name of the petitioner for being appointed on compassionate ground against the post of Assistant Teacher, Lower Primary School. But the State Level Committee (SLC) in its meeting held on 26.08.2022, had rejected the claim of the petitioner as the petitioner has submitted his application after one year. Being aggrieved, the petitioner approached this Court, by filing WP(C) No.1520/2023 and vide order dated 31.08.2023, the same was remanded back to the SLC to consider the recommendation made by the DLC, in its minutes of meeting held on 10.05.2022. But the same has not been placed before the 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, Dispur, Guwahati. 4. Mr. Sarma further submits that the present writ petition may be disposed of by directing the respondent authorities to place the case of the petitioner before the SLC with a direction to dispose of the same in accordance with law. 5. Mr. Pegu, learned Additional Senior Government Advocate for the respondent Nos.1 and 2 submits that he has no objection in the event of disposing of this petition by directing the respondent authorities to place the case of the petitioner before the next available 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