Page No.# 1/7 GAHC010058052024 2025:GAU-AS:6500 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Review.Pet./55/2024 NIJUMONI BORAH D/O- LATE PRAFULLA CH. BORAH R/O- KANDUNA PATHAR P.O- DEJOO TEA GARDEN P.S- NORTH LAKHIMPUR, DIST- LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS TO BE REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, EDUCATION (ELEMENTARY) DEPTT., DISPUR, GHY.-06. KAMRUP (M) 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY.-19. KAMRUP (M) 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER LAKHIMPUR NORTH LAKHIMPUR ASSAM 4:THE DISTRICT LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT LAKHIMPUR ASSAM 5:THE DEPUTY COMMISSIONER LAKHIMPUR Page No.# 2/7 DIST- LAKHIMPUR ASSAM Advocate for the Petitioner : MS M DAS, MR N SARMA Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU Linked Case : WP(C)/2024/2022 NIJUMONI BORAH D/O- LATE PRAFULLA CH. BORAH R/O- KANDUNA PATHAR P.O- DEJOO TEA GARDEN P.S- NORTH LAKHIMPUR DIST- LAKHIMPUR ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS TO BE REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM EDUCATION (ELEMENTARY) DEPTT. DISPUR GHY.-06. KAMRUP (M) 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY.-19. KAMRUP (M) 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER LAKHIMPUR NORTH LAKHIMPUR ASSAM 4:THE DISTRICT LEVEL COMMITTEE Page No.# 3/7 FOR COMPASSIONATE APPOINTMENT LAKHIMPUR ASSAM 5:THE DEPUTY COMMISSIONER LAKHIMPUR DIST- LAKHIMPUR ASSAM. ------------ Advocate for : MR. R P HAZARIKA Advocate for : SC EDU appearing for THE STATE OF ASSAM AND 4 ORS BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 30.05.2025 Heard Mr. N Sharma, learned counsel for the review petitioner. Also heard Ms. B Deka, learned Standing counsel, Elementary Education Department, Assam for respondent Nos. 1 to 3 and Mr. B Deuri, learned Government Advocate, Assam for the respondent Nos. 4 & 5. 2. The present petitioner filed the connected writ petition, WP(C) No. 2024/2022, praying amongst others, for a direction to the concerned respondents to verify her claim for appointment on compassionate ground under the Die-in-Harness Scheme of Government employee. 3. Brief facts of the case is that father of the petitioner, while serving as the Headmaster of No. 2 Pasnoi Lower Primary School, a provincialised lower primary school in the district of Lakhimpur, met with an accident on 14.02.2013 and died in the said accident. 4. Petitioner after passing her Class-X High School Leaving Examination in the year 1999, passed Higher Secondary (Class-XII) in Arts Stream in the year 2001 and obtained her Graduation in Arts from KK Handique State Open University in the year 2017. As per the Class-X Admit Card issued by Board of Secondary Education, Assam for her HSLC Examination, 1999 her date of birth is 11.09.1980. Page No.# 4/7 5. It is stated by the petitioner that after the death of her father on 14.02.2013, she on 23.04.2013 submitted an application before the District Elementary Education Officer (DEEO), Lakhimpur praying for her appointment on compassionate ground, under the Die-in-Harness Scheme of the State. 6. On 30.01.2020, she submitted another application before the District Elementary Education Officer (DEEO), Lakhimpur to consider her case for compassionate appointment, stating that after the death of her father source of income in their family has been totally stopped and it has become difficult to maintain the household needs due to financial constraints and thereby they could not manage their livelihood. 7. In the year 2021, the petitioner filed an application under the RTI Act, 2005 before the Public Information Officer, Office of the Deputy Commissioner, Lakhimpur to inform her about the numbers of candidates recommended by the District Level Committee, Lakhimpur for appointment on compassionate ground for the post of Assistant Teachers in LP and ME School since 2013 till the date of her application. 8. Her said RTI application was processed in the Office of the Deputy Commissioner, Lakhimpur and the petitioner was informed on 01.11.2021 that on 17.08.2021 meeting of the DLC, Lakhimpur District for appointment on compassionate ground was held in which out of 10 numbers of proposals of the Office of the District Elementary Education, Lakhimpur, the committee recommended 9 such candidates out of which 4 for Upper Primary Teachers, 3 for Lower Primary Teachers, 1 Junior Assistant and 1 Grade-IV under the Office of the DEEO, Lakhimpur and 1 application was rejected. 9. 9. After obtaining such RTI information, the petitioner submitted that she was not informed about the case of any such applicants whose cases have been considered by the DLC, Lakhimpur prior to 17.08.2021. In the said RIT information dated 01.11.2021 relating to DLC, Lakhimpur’s decision dated 17.08.2021 while rejecting the case of one such applicant for his compassionate appointment DLC observed that – Thus in line of Hon’ble Gauhati High Court’s instruction that the State respondents are also directed to examine whether the private respondents have applied for appointment on compassionate basis and whether they have fulfilled the parameters and guidelines provided for. Page No.# 5/7 10. Petitioner submitted the respondent authorities did not endorse the representation of the petitioner at the relevant point of time and the DLC did not comply with the directions of the Hon’ble Gauhati High Court and also did not examine whether private respondents have applied for appointment on compassionate ground or not and also whether they have fulfilled the parameters and guidelines. 11. As such, the petitioner expressed her doubt that some undeserved candidates were placed in the zone of consideration for appointment on compassionate ground at the relevant point of time and underserved candidates might have been appointed on the recommendation of the DLC, Lakhimpur. Hence, the petitioner filed the said writ petition, WP(C) No. 2024/2022. 12. The learned Government Advocate pursuant to the order dated 27.01.2023 passed in said WP(C) No. 2024/2022 preferred by the petitioner placed a copy of the communication No. LPE.7/2023/4 dated 24.02.2023 of the Deputy Commissioner, Lakhimpur cum Chairman of the DLC for compassionate appointment, Lakhimpur District and apprised the Court that the case of the petitioner was placed before the said DLC in its meetings dated 18.12.2013, 25.07.2014 and 24.07.2015 and in those three meetings in three consecutive years the case of the petitioner for her appointment on compassionate ground could not be considered and recommended by the said DLC due to want of vacancy of Grade-IV of 5 % reserved quota under the Die-in-Harness Scheme. 13. In its meeting held on 24.07.2015 the DLC, Lakhimpur finally rejected the claim of the petitioner for want of vacancy of 5% reserved quota for compassionate appointment under the Die-in-Harness Scheme as the case of the petitioner crossed the stipulated time and has spent its force in terms of the guidelines for appointment on compassionate ground. 14. Considering such materials that the case of the petitioner was considered on three consecutive years from 2013 to 2015 and could not be considered her for appointment on compassionate ground due to lack of vacancy of 5% quota, this Court by order 20.03.2023 rejected the said writ petition of the petitioner, i.e., WP(C) No. 2024/2022. 15. Now the petitioner has filed this review petition, stating that superseding it’s all Office Memorandums and Notifications relating to appointment on compassionate ground of the Page No.# 6/7 dependents of State Government employees who die in harness or retire prematurely on being declared incapacitated for service, the State Government in the Personnel Department (II) vide No. ABP.50/2006/Pt/182 dated 01.06.2015 issued an Office Memorandum for such appointment on compassionate ground, that came into force w.e.f. 01.06.2015. 16. Clause 15 of the said Office Memorandum dated 01.06.2015 stipulates that — If sufficient vacancies are not available in any particular office to accommodate the persons in the waiting list for compassionate appointment, it is open to the administrative Department/Office to take up the matter with other Departments/Offices of the Government to provide at an early appointment on compassionate grounds to those in the waiting list. 17. Clause 24(d) of the said Office Memorandum dated 01.06.2015 provides that —While disposing of the applications by way of rejection clear speaking order shall be recorded stating the reasons of rejection and a copy of such order shall be furnished to the applicants. 18. On 24.07.2015 the DLC, Lakhimpur for compassionate appointment, when took up the case of the petitioner for appointment on compassionate ground under the Die-in-Harness Scheme, the said DLC was required to comply with the provisions of the said Office Memorandum No. ABP.50/2006/Pt/182 dated 01.06.2015 which was very much in force. But it is seen that the DLC for compassionate appointment, Lakhimpur, in its meeting on 24.07.2015 did not comply with the provisions of Clause 15 of the said Office Memorandum dated 01.06.2015 nor it complied with the provisions of Clause 24(d) of said Office Memorandum dated 01.06.2015, while rejecting the case of the petitioner. 19. Mr. Deuri, learned Government Advocate, Assam on instruction submitted that the DLC, Lakhimpur in its meeting held on 24.07.2015 did not follow the provisions of said O.M. dated 01.06.2015, noted above. 20. For such non-compliance of the provisions laid down by the State Government in its Office Memorandum No. ABP.50/2006/Pt/182 dated 01.06.2015 relating to appointment on compassionate ground of the dependents of State Government employees who die in harness by the District Level Committee for compassionate appointment, Lakhimpur, while rejecting her case on 24.07.2015 and for the reasons above, the Court found that the petitioner could place sufficient grounds for review of the order dated 20.03.2023 passed by this Court in Page No.# 7/7 WP(C) No. 2024/2022. 21. Accordingly, the order dated 20.03.2023 passed by this Court in WP(C) No. 2024/2022 is hereby recalled and the connected WP(C) No. 2024/2022 is restored to the file. 22. Registry shall place the connected WP(C) No. 2024/2022 before the appropriate Bench at the earliest. 23. With the above observations and directions this review petition stands allowed. JUDGE Comparing Assistant