Page No.# 1/6 GAHC010041502024 2025:GAU-AS:3555 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1188/2024 SABITRI GOALA W/O- LATE SAHADEB GOALA, VILL AND P.S. KATLICHERRA, P.O. RANGPUR PART-IV, DISTRICT- HAILAKANDI VERSUS THE STATE OF ASSAM AND 3 ORS TO BE REPRESENTED BY COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF SECONDARY EDUCATION, ASSAM, DISPUR GUWAHATI-06 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 3:INSPECTOR OF SCHOOLS HAILAKANDI 4:THE HEAD MASTER KATLICHERRA GIRLS HIGH SCHOOL P.O. KATLICHERRA DIST.- HAILAKAND Advocate for the Petitioner : MR M J QUADIR, MR. A K HANNAN Advocate for the Respondent : SC, SEC. EDU., Page No.# 2/6 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 14.05.2025 Heard Mr. M.J. Quadir, learned counsel for the petitioner. Also heard Mr. B. Kaushik, learned standing counsel for the respondents in the Secondary Education Department. 2. The grievance of the petitioner, being sought to be addressed in this petition, under Article 226 of the Constitution of India, is that the husband of the petitioner, namely, Late Sahadeb Goala, was working as Grade-IV employee at Katlicherra Girls High School, in the Hailakandi district, and he died in harness on 03.04.2001, leaving behind the petitioner and her two minors sons. And on his death, the petitioner had submitted an application for being appointed on compassionate ground on 18.04.2001, through the Headmistress of the Katlicherra Girls High School, along with all the relevant particulars. The said application was forwarded by the Headmistress to the Inspector of Schools, Hailakandi on 14.06.2001, and the Inspector of Schools had forwarded the same to the Director of Secondary Education, Assam on 13.09.2004. But, the said application of the petitioner failed to evoke any response from the respondent authorities and the petitioner being a poor lady could not pursue the matter also, and her matter was not even placed before the District Level Committee for consideration. The Headmistress of the school engaged the petitioner on 01.05.2001, as a Grade-IV employee on the resolution of the Managing Committee without salary and since then, she has been serving in the school and she is suffering from severe financial hardship, and being left with no other option, she has approached this Court by filing the present petition. Page No.# 3/6 3. Mr. Quadir, learned counsel for the petitioner submits that a Coordinate Bench of this Court in WP(C) No. 342/2025 (Abdul Kadir Bokshi vs. the State of Assam and 4 Ors.) and other connected matters, vide order dated 03.04.2025, has observed that all the writ petitions pending before the Court as on 03.04.2025, shall be decided by placing all the applications of the petitioners in the said petitions for compassionate appointment, before the concerned DLC/SLC, on merit, by taking into consideration the various guidelines prior to 01.04.2017, laid down by the State Government for compassionate appointment and the judgments of the Hon’ble Supreme Court and the High Court. Mr. Quadir further submits that the case of the petitioner is covered by the aforementioned decision, and under such circumstances, Mr. Quadir has contended that the respondent authorities may be directed to place the matter of the petitioner before the concerned DLC/SLC for consideration on merit. 4. On the other hand, Mr. Kaushik, learned standing counsel for the respondents in the Secondary Education Department submits that he has no objection in the event of directing to place the matter of the petitioner before the concerned DLC/SLC, as provided in WP(C) No. 342/2025 (Abdul Kadir Bokshi vs. the State of Assam and 4 Ors.) and other connected matters. 5. Having heard the submissions of learned counsel for both the parties, I have carefully gone through the petition and the documents placed record, and also perused the decision of a Coordinate Bench of this Court, dated 03.04.2025, in WP(C) No. 342/2025 (Abdul Kadir Bokshi vs. the State of Assam and 4 Ors.) and other connected matters. Page No.# 4/6 6. It is to be noted here that in WP(C) No. 342/2025 (Abdul Kadir Bokshi vs. the State of Assam and 4 Ors.) and other connected matters, a Coordinate Bench of this Court, vide order dated 03.04.2025, was pleased to dispose of the said petitions by granting the following reliefs: “9. In view of the consent of the learned counsels for the parties, all the writ petitions that are pending as on today, i.e., 03.04.2025, in the Gauhati High Court, which have put to challenge the impugned OM dated 18.09.2024, are to be decided as follows:- (i) All the applications for compassionate appointment submitted by the petitioners shall be considered and disposed of by the concerned DLC/SLC on merit, by taking into consideration the various guidelines prior to 01.04.2017, laid down by the State Government for compassionate appointment and the judgments of the Hon’ble Supreme Court and the High Court. Consequently, the rejection of all compassionate appointments by the DLC/SLC, which have been put to challenge and are pending in the Gauhati High Court as on 03.04.2025, are set aside. (ii) The entire process for considering the various applications for compassionate appointment and the decision to be taken in each case by the concerned authorities, should be completed within a period of six months from the date of receipt of a certified copy of this order by the concerned District Commissioner, who is also the Chairman of the DLC, if the matter pertains to the DLC. In other cases, the Chief Secretary to the Government of Assam, who is the Chairman of the SLC, if the matter pertains the SLC. 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 Page No.# 5/6 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 on 03.04.2025.” 7. In the instant case, it appears from the record that the basic facts are not in dispute. The husband of the petitioner suffered demise on 03.04.2001, while he was serving as Grade-IV employee of Katlicherra Girls High School and on his death, the petitioner, being the wife, filed an application for compassionate appointment on 18.04.2001, and the same was forwarded to the Inspector of Schools, Hailakandi on 14.06.2001, by the Headmistress of the school. Thereafter, the Inspector of Schools forwarded the same to the Director of Secondary Education, Assam on 13.09.2004, but the said application failed to yield any result. 8. It further appears that the present petition is pending since 27.02.2024, and as such, the decision of a Coordinate Bench of this Court in WP(C) No. 342/2025 (Abdul Kadir Bokshi vs. the State of Assam and 4 Ors.) and other connected matters, squarely covers the case of the present petitioner. Page No.# 6/6 9. Accordingly, without going into the merit of the petition, this Court is inclined to dispose of this petition by directing the respondent authorities to place the matter of the petitioner before the concerned DLC/SLC, and thereafter, the concerned DLC/SLC shall consider the same on merit, taking into consideration the various guidelines prior to 01.04.2017, laid down by the State Government for compassionate appointment, and the judgments of the Hon’ble Supreme Court and the High Court, without taking recourse to the O.M. dated 18.09.2024, however, considering the decision of Hon’ble Supreme Court in the case of State of West Bengal vs. Debabrata Tiwari and Ors. (Civil Appeal No. 8842/8855/2020), which was decided on 03.03.2020. 10. The aforesaid exercise has to be carried out within a period of six months from the date of receipt of certified copy of this order. The petitioner shall obtain a certified copy of this order and place the same before the respondent authorities within two weeks from today. 11. In terms of above, this writ petition stands disposed of. JUDGE Comparing Assistant