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2026 DAILYLAW 1334 (GAU)

NAZIA SULTANA CHOUDHURY v. THE STATE OF ASSAM AND 4 ORS

WP(C)/647/2026 · 2026-02-19

Kaushik Goswami

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010011332026 2026:GAU-AS:2582 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/647/2026 NAZIA SULTANA CHOUDHURY DAUGHTER OF LATE HELAL AHMED CHOUDHURY, MOTHERS NAME LILY BEGAM CHOUDHURY, R/O. VILL. AND P.O. SUTARKANDI, DIST. SRIBHUMI, ASSAM. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI-06. 2:THE STATE LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT REPRESENTED BY ITS CHAIRMAN THE CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR GUWAHATI-06. 3:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT PANJABARI JKURIPAR GUWAHATI-37. 4:THE DISTRICT LEVEL COMMITTEE REPRESENTED BY ITS CHAIRMAN THE DISTRICT COMMISSIONER SRIBHUMI DIST. SRIBHUMI ASSAM PIN- 788722. Page No.# 2/4 5:THE CHIEF EXECUTIVE OFFICER SRIBHUMI ZILLA PARISHAD P.O. AND DIST. SRIBHUMI ASSAM PIN- 788722 Advocate for the Petitioner : MR. M KHAN, MS J AKTAR Advocate for the Respondent : GA, ASSAM, SC, P AND R.D. BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 20.02.2026 Heard Mr. M. Khan, learned counsel appearing for the petitioner. Also heard Mr. D. Bora, learned Government Advocate appearing for the State respondent. 2. By way of this petition under Article 226 of the Constitution of India, the petitioner is claiming compassionate appointment on the ground that her father, namely Late Helal Ahmed Choudhury while serving as Gaon Panchayat Secretary, Bazarghat in Sribhumi district died in harness on 25.06.2016. 3. It is the specific case of the petitioner that thereafter, the petitioner filed an application on 23.08.2016 before the respondent No. 5 for compassionate appointment, but her case was not placed before the DLC for consideration, and accordingly, the petitioner filed WP(C) No. 776/2023, wherein this Court on 20.06.2023 was pleased to direct to place her case in the next DLC meeting for consideration. Thereafter, on 26.06.2023, the petitioner’s case was recommended for Page No.# 3/4 appointment as Grade IV employee and forwarded the same to the respondent No. 1 for placing it before the SLC, however, her case has not been placed before the SLC in view of the Office Memorandum dated 18.09.2024. Challenging the said Office Memorandum dated 18.09.2024, a series of writ petitions were filed, which were ultimately disposed of on 03.04.2025, whereby the respondents were directed to consider their cases without taking recourse to the said Office Memorandum dated 18.09.2024. Consequently, multiple writ petitions were filed, one such being WP(C) No. 7034/2025, wherein this Court, by judgment & order dated 10.12.2025 was pleased to direct the respondent authorities to place and consider the petitioner’s case in the next available SLC. 4. In the aforesaid premises, the petitioner seeks appointment on compassionate ground as directed in WP(C) No. 7034/2025. 5. Mr. D. Bora, learned Government Advocate appearing for the State respondent, fairly submits that the judgment & order of this Court passed in WP(C) No. 7034/2025 squarely covers the facts and circumstances of the present case. 6. Having heard the learned counsel appearing for the parties and having perused the material available on record, it appears that though the present writ petition was filed after 03.04.2025, yet the direction issued in the order dated 03.04.2025 would not be applicable in the case of the petitioner inasmuch as there is already an order of this Court dated 20.06.2023 in WP(C) No. 776/2023 to place the matter before the DLC, pursuant to which the DLC has approved the case of the petitioner on 26.06.2023 and as a logical corollary, the Page No.# 4/4 case of the petitioner now has to be placed before the SLC. 7. Thus, taking note of the aforementioned facts and circumstances and also the submission of the learned counsel for both the parties, this Court is inclined to dispose of the writ petition by directing the respondent authorities to place the case of the petitioner before the next available SLC, and in the event of the matter of the petitioner being placed before the SLC, the same shall be considered in accordance with law. 8. Ordered accordingly. 9. Hence, the writ petition stands disposed of. 10. No order as to costs. JUDGE Comparing Assistant