Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/141/2026 SMTI RUBI GOSWAMI W/O LATE MUNINDRA SARMA R/O VILL. AND P.O. MAZIRGAON DIST. KAMRUP (M) ASSAM. VERSUS DR RAVI KOTA IAS AND 5 ORS CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR GUWAHATI-6 2:SRI M S MANIVANNAN IAS COMMISSIONER SECRETARY TO THE GOVT. ASSAM PERSONNEL OF DEPARTMENT DISPUR GUWAHATI-6 3:SMTI MALABIKA CHOUDHURY IAS SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT GUWAHATI-6 DISPUR 4:SRI B CHAKRABORTY L.R. SECRETARY TO THE GOVT. OF ASSAM JUDICIAL DEPARTMENT DISPUR GUWAHATI-6
Page No.# 2/4 5:SRI SHAH NAWAZ CHOWDHURY IAS SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF SCHOOL EDUCATION DISPUR GUWAHATI-6 6:SRI RUP KUMAR RABHA DEPUTY SECRETARY TO THE GOVT. OF ASSAM PERSONNEL DEPARTMENT DISPUR GUWAHATI-6 ------------ Advocate for : MR P SARMAH Advocate for : appearing for DR RAVI KOTA IAS AND 5 ORS
BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 04.02.2026
Heard Mr. P. Sarmah, learned counsel for the applicant. 2. This interlocutory application is preferred by the applicant for impleading Dr. Ravi Kota, IAS, Chief Secretary to the Government of Assam; Sri M.S. Manivannan, IAS, Commissioner and Secretary to the Government of Assam in the Personnel Department; Smti. Malabika Choudhury, IAS, Secretary to the Government of Assam in the Finance Department; Sri B. Chakraborty, L.R. and Secretary to the Government of Assam in the Judicial Department; Sri Shah Nawaz Chowdhury, IAS, Secretary to the Government of Assam in the School Education Department; and Sri Rup Kumar Rabha, Deputy Secretary to the Government of Assam in the Personnel Department, as respondent/contemnor Nos. 2 – 6 in Contempt Case (C) No. 576/2024. 3. Mr. Sarmah, learned counsel for the applicant submits that while disposing
Page No.# 3/4 of the writ petition, being W.P.(C) No. 7175/2022, vide order dated 28.04.2023, in paragraph No. 16, this Court was pleased to direct the Secretary to the Government of Assam in the School Education Department to place the case of the petitioner therein, before the next State Level Committee (SLC hereinafter) for her compassionate appointment aresh, considering her eligibility in any Grade – III post being a Master Degree holder in Assamese, relaxing her over age at the time of her application for compassionate appointment in terms of Clause – 16 of the Office Memorandum (OM hereinafter) dated 01.06.2015. 3.1.
3.1. Further, referring to the Clause – 16 of the OM dated 01.06.2015, Mr. Sarmah submits that the SLC is the competent authority to appoint the applicant on compassionate ground by relaxing her over age as per existing Government Policy. 3.2. Mr. Sarmah also submits that as per direction of this Court, vide order dated 28.04.2023, the Secretary to the Government of Assam in the School Education Department had placed the matter of the petitioner before the SLC. But, without taking note of the direction issued by this Court in paragraph No. 16 of the order, dated 28.04.2023, the SLC had rejected the claim of the petitioner and as such, the members of the SLC, as mentioned herein above, is required to be impleaded as respondent/contemnor Nos. 2 – 6 in Contempt Case (C) No. 576/2024. Under such circumstances, Mr. Sarmah has contended to allow this application. 4. Having heard the submission of learned counsel for the applicant, I have carefully gone through the application as well as the documents placed on record and also perused the order of this Court dated 28.04.2023, passed in W.P.(C) No. 7175/2022 and also gone through the OM dated 01.05.2015 and also the minutes of the meeting of the SLC, dated 31.10.2025. Page No.# 4/4
5. It appears that the Secretary to the Government of Assam in the School Education Department had placed the matter of the petitioner, as per direction of this Court in W.P.(C) No. 7175/2022 before the SLC meeting held on 31.10.2025, but the SLC had dismissed the same. 6. Under such circumstances, this Court is of the view that in order to dispose of the present petition, the aforesaid opposite parties are required to be impleaded as party and accordingly, the same stands allowed. 7. Let, Dr. Ravi Kota, IAS, Chief Secretary to the Government of Assam; Sri M.S. Manivannan, IAS, Commissioner and Secretary to the Government of Assam in the Personnel Department; Smti. Malabika Choudhury, IAS, Secretary to the Government of Assam in the Finance Department; Sri B. Chakraborty, L.R. and Secretary to the Government of Assam in the Judicial Department; Sri Shah Nawaz Chowdhury, IAS, Secretary to the Government of Assam in the School Education Department; and Sri Rup Kumar Rabha, Deputy Secretary to the Government of Assam in the Personnel Department, be impleaded as respondent/contemnor Nos. 2 – 6 in Contempt Case (C) No. 576/2024. 8.
In view of above, Mr. Sarmah, learned counsel for the applicant shall file an amended cause-title in the connected contempt case within a period of 1 (one) week from today. 9. In terms of above, this IA stands closed. JUDGE Comparing Assistant