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2025 DAILYLAW 26204 (GAU)

ANISUR RAHMAN SK v. THE STATE OF ASSAM AND 3 ORS.

WP(C)/7133/2025 · 2025-12-11

Robin Phukan

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010273142025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7133/2025 ANISUR RAHMAN SK SON OF LATE ASHIM UDDIN SK. VILL- KAMANDANGA KUTI, P.O. KAMANDANGA, P.S. TAMARHAT, DIST. DHUBRI, ASSAM, PIN- 783332 VERSUS THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. 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 GOVT. OF ASSAM DEPARTMENT OF SCHOOL EDUCATION DISPUR, GUWAHATI-781006. 4:THE DISTRICT COMMISSIONER DHUBRI-CUM- CHAIRMAN DISTRICT COMMITTEE (DLC) DHUBRI ASSAM, PIN-783301 Advocate for the Petitioner : MR. L GOGOI, MR N SARMA Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU Rajib Kumar Roy Digitally signed by Rajib Kumar Roy Date: 2025.12.16 15:37:28 +05'30' Page No.# 2/3 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, Dhubri, in its meeting held on 05.08.2023, pursuant to the order of this Court dated 21.08.2024, in WP(C) No.4196/2024. 3. Mr. Sarma, learned counsel for the petitioner submits that the father of the petitioner, namely, Asim Uddin Sk was serving as Grade-IV employee in the Kachari Gaon M.E. School in the district of Dhubri, who died in harness on 11.12.2016. Thereafter, the petitioner has submitted an application on 02.03.2017, before the authorities for being appointed on compassionate ground. As the said application was not considered by the respondent authorities, the petitioner has approached this Court by filing WP(C) No.3711/2022 and the said writ petition was disposed of by this Court, vide order dated 06.06.2022, directing the respondent authorities to place the case of the petitioner before the District Level Committee (DLC), Dhubri. Accordingly, the same was placed before the DLC, Dhubri and in its meeting held on 05.08.2023, the DLC has recommended the name of the petitioner for being appointed as Assistant Teacher (L.P.) School, but the same has Page No.# 3/3 not yet been placed before the State Level Committee (SLC). 4. Mr. Sarma further submits that thereafter, the petitioner has filed one writ petition, being WP(C) No.4196/2024 and vide order dated 21.08.2024, this Court was pleased to dispose of the same by directing the SLC to consider the case of the petitioner in terms of the recommendation made by the DLC in its meeting held on 05.08.2023, in its next immediate sitting. Mr. Sarma further submits that in the meantime, the Commissioner and Secretary to the Government of Assam, Personnel (B) Department has issued the O.M. on 18.09.2024, for which the respondent authorities have decided not to place any matter before the SLCs/DLCs for recommendation on compassionate ground and as such, Mr. Sarma submits that direction may be issued to the respondent authorities to place the matter before the SLC. 5. 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-10 at page No.48 of the petition. 6. 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. 7. 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