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2025 DAILYLAW 25747 (GAU)

SRI ABU MD RAYHAN v. THE STATE OF ASSAM AND 5 ORS.

WP(C)/6621/2025 · 2025-11-23

Nelson Sailo

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010248502025 2025:GAU-AS:15923 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6621/2025 SRI ABU MD RAYHAN S/O LATE FAKAR UDDIN R/O VILL ANDURRPAR, PO ANIPUR, PS RATABARI, DIST KARIMGANJ, ASSAM, PIN 788734 VERSUS THE STATE OF ASSAM AND 5 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, ELEMENTARY EDUCATION DEPARTMENT, ASSAM CIVIL SECRETARIAT, DISPUR, GUWAHATI 788006 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI 781019 ASSAM 3:THE DEPUTY COMMISSIONER CUM CHAIRMAN DISTRICT LEVEL COMMITTEE (DLC) SRIBHUMI ASSAM 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER KARIMGANJ ASSAM PIN 788151 5:THE DEPUTY INSPECTOR OF SCHOOLS KARIMGANJ DIST SRIBHUMI ASSAM Page No.# 2/3 6:THE COMMISSIONER AND SECRETARY GOVT OF ASSAM DEPARTMENT OF PERSONNEL B ASSAM CIVIL SECRETARIAT DISPUR GUWAHATI ASSAM PIN 78100 Advocate for the Petitioner : MR. B PURKAYASTHA, MR. J P BARUAH Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU BEFORE HON’BLE MR. JUSTICE NELSON SAILO O R D E R 24.11.2025 Heard Mr. B. Purkayastha, learned counsel for the petitoiner, who submits that by filing this writ petition, the petitioner seeks for a direction to the respondent authoriteis to consider his case for compassionate appointment. Learned counsel submits that the case of the petitioner was taken up for consideration by the DLC, Karimganj on 17.07.2017. But however, his application was rejected on the ground of late submission of the application since the Government employee had expired on 07.04.2008, but the application was filed on 21.12.2016. The petitioner then filed WP(C) No.6316/2017 before this Court, which was taken up and disposed of vide order dated 22.08.2019 in view of the fact that the compassionate appointment has been abolished vide Notification dated 14.09.2017 w.e.f. 01.04.2017. 2. The petitioner has now once again filed the instant writ petition on Page No.# 3/3 the ground that a co-ordinate Bench of this Court vide common order dated 03.04.2025 in WP(C) No.342/2025 (lead case) where a challenge was made to the Office Memorandum dated 18.09.2024, nevertheless disposed of the writ petitions without interfering with the same by directing the respondent authorities to consider all the pending applications for compassionate appointment on the basis of the policy laid down by the Government in this regard. Therefore, the present petitioner has also sought for a direction to the respondent authorities concerned to consider his case as well. 3. It may however be seen that the direction passed on 03.04.2025 was in respect of the pending cases whereas the case of the instant petitioner received consideration by the DLC which met on 17.07.2017. Therefore, this Court is of the considered view that no direction can be passed at this stage, more particularly when the earlier writ petition of the petitioner was closed on 22.08.2019. 4. Accordingly, the writ petition stands dismissed. No cost. JUDGE Comparing Assistant