Page No.# 1/5 GAHC010035802025 2025:GAU-AS:4970 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2086/2025 PRATIMA NATH D/O- NIRANJAN NATH @ AMULYA NATH (FATHER) AND LATE RINA NATH (MOTHER), VILL- NARAYANPUR, P.O- PATHARKANDI, DUHALIA KIRTTE, DIST- KARIMGANJ, ASSAM- 788806 VERSUS THE STATE OF ASSAM AND 5 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY, ELEMENTARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI-6 2:THE DIRECTOR ELEMENTARY EDUCATION KAHILIPARA GUWAHATI-19 3:THE DISTRICT COMMISSIONER SRIBHUMI (KARIMGANJ) -CUM- CHAIRMAN DISTRICT LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT DIST- SRIBHUMI (KARIMGANJ) PIN-788710 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER SRIBHUMI (KARIMGANJ) DIST- SRIBHUMI (KARIMGANJ) ASSAM PIN-788710 5:THE DEPUTY INSPECTOR OF SCHOOLS SRIBHUMI (KARIMGANJ) P.O. AND DIST- SRIBHUMI (KARIMGANJ) ASSAM PIN-788710 Page No.# 2/5 6:THE BLOCK ELEMENTARY EDUCATION OFFICER P.O. AND DIST- SRIBHUMI (KARIMGANJ) ASSAM PIN-78871 Advocate for the Petitioner : MR. I ALAM, MR. T SK Advocate for the Respondent : SC, ELEM. EDU, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 23.04.2025 Heard Mr. T. Sk., learned counsel for the petitioner, Ms. S. Chutia, learned standing counsel for the respondent Nos. 1, 2, 5 & 6; and Mr. B. Deori, learned standing counsel for the respondent No. 3. 2. In this petition, under Article 226 of the Constitution of India, the petitioner has prayed for setting aside and quashing the OM dated 18.09.2024, issued by the respondent No. 2 and also to direct the respondent authorities to place her case before the next meeting of District Level Committee (DLC herein after) within a reasonable time, to consider her case and to appoint her on compassionate ground in any Government vacant posts. 3. Mr. Sk., learned counsel for the petitioner submits that the mother of the petitioner, Late Rina Rani Nath, died in harness on 01.06.2007, leaving behind her along with other family members and after the death of her mother, she being eligible, applied for appointment on compassionate ground on 11.06.2007. However, the respondent authority did not consider her case and thereafter, she approached this Court by filing a writ petition, being W.P.(C) No. 5017/2008 and after hearing both the parties, this Court had directed the respondent authorities to consider her case as per the decision of Achyut Ranjan Das vs. State of Page No.# 3/5 Assam, reported in 2006 (4) GLT 674. Thereafter, the meeting of the DLC was held on 17.06.2013 and DLC rejected her case stating that no posts are available for the calendar year. Thereafter, she submitted one representation on 10.07.2024, which was duly forwarded to the respondent No. 5 for necessary steps and in the meantime, another OM, dated 18.09.2024, was issued by the respondent authorities by taking a decision that no case for compassionate appointment shall be placed before the DLC or SLC which is prior to 31.03.2017. But, the case of the petitioner is much prior to OM dated 18.09.2024, as the same cannot be applied retrospectively to negate her case. 3.1. Mr. Sk. further submits that in W.P.(C) No. 342/2025, a Coordinate Bench of this Court, vide order dated 03.04.2025, had directed that the applications for compassionate appointment should be disposed of by the concerned authorities on merit, as they deem it fit and proper and the decisions to be taken by the concerned authorities should be based on reasons and the same should be communicated to the petitioners thereafter. It is also directed that while deciding the applications for compassionate appointment, the respondent authorities cannot take recourse to the impugned OM dated 18.09.2024, though the judgment provided therein, i.e. the decision of Hon’ble Supreme Court in the case of State of West Bengal vs. Debabrata Tiwari and Others (Civil Appeal No. 8842-8855/2020), can be considered/applied by the concerned authorities and the said order shall apply only prior to 03.04.2025. 4. On the other hand, Mr. Deuri and Ms. Chutia, learned standing counsel for the respondent authorities submits that they have no objection in the event of issuing similar direction to the respondent authorities as given in W.P.(C) No. 342/2025. 5. Having heard the submissions of learned counsel for both the parties, I Page No.# 4/5 have carefully gone through the petition as well as the documents placed on record and also perused the order dated 03.04.2025, passed by a Coordinate Bench of this Court in W.P.(C) No. 342/2025. 6. It appears that the aforementioned writ petition was disposed of with following direction:- “10. It is made clear that in view of the consent of the parties, this Court has not gone into the merits of any of the petitioners' cases that are being disposed of by way of this order and as such, the applications for compassionate appointment should be disposed of by the concerned authorities on merit, as they deem it fit and proper. The decision/s to be taken by the concerned authorities should be based on reasons and the decision taken should be communicated to the petitioners thereafter. It is also directed that while deciding the applications for compassionate appointment, the respondents cannot take recourse to the impugned OM dated 18.09.2024, though the judgment provided therein, i.e., the case of Debabrata Tiwari (Supra), can be considered/applied by the concerned authorities. It is again made clear that this order cannot be used as a precedent for cases that are filed on 04.04.2025 and thereafter. It shall only apply to cases that are pending before this Court as оп 03.04.2025.” 7. Taking note of the aforementioned direction as well as the facts and circumstances on the record and also as agreed upon by the learned counsel for both the parties, this Court is inclined to dispose of this petition by directing the respondent authorities to consider the case of the petitioner on merit as they deem it fit and proper, in view of the direction issued by the Coordinate Bench of this Court in paragraph No. 10, in W.P.(C) No. 342/2025. Page No.# 5/5 8. In terms of above, this writ petition stands disposed of. JUDGE Comparing Assistant