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2026 DAILYLAW 2093 (GAU)

SMTI MARAMI HANDIQUE v. THE STATE OF ASSAM AND 5 ORS

WP(C)/574/2026 · 2026-02-05

Nelson Sailo

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010012862026 2026:GAU-AS:1547 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/574/2026 SMTI MARAMI HANDIQUE W/O- LATE DURLOV KR. BORAH, R/O- VILL.- BEJORHOLA, P.O. AND P.S.- SOOTEA, DIST.- SONITPUR, ASSAM. VERSUS THE STATE OF ASSAM AND 5 ORS TO BE REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, DISPUR, GUWAHATI- 06 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM EDUCATION ELEMENTARY DEPARTMENT DISPUR GUWAHATI- 06. 3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 19 4:THE DISTRICT COMMISSIONER SONITPUR TEZPUR ASSAM 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER SONITPUR TEZPUR ASSAM. 6:THE DEPUTY INSPECTOR OF SCHOOLS SONITPUR Page No.# 2/3 TEZPUR ASSA Advocate for the Petitioner : MR H TALUKDAR, MR R I BHUYAN,MR. K D SARMA Advocate for the Respondent : SC, ELEM. EDU, GA, ASSAM BEFORE HON’BLE MR. JUSTICE NELSON SAILO O R D E R 06.02.2026 Heard Mr. H. Talukdar, learned counsel for the petitioner and Ms. K. Phukan, learned Government Advocate. Having regard to the projection made by the petitioner, the writ petition is taken up for disposal at this stage itself. 2. It is the case of the petitioner that on account of her husband having died in harness on 10.11.2002, she applied for appointment on compassionate basis before the competent authority and the District Level Committee, Sonitpur, which held its meeting on 25.07.2023 recommended her for appointment on compassionate basis against a Grade-IV post. When the matter was forwarded to the Government through the Secretary to the Government of Assam, Department of School Education, the same was returned back for want of certain documents and clarity on the recommendation vide letter dated 02.11.2023 (Annexure-G). Thereafter, clarification along with all the relevant documents was sent back to the Secretary to the Government of Assam, Department of School Education on 19.02.2024. But, despite the same, since no steps have been taken for placing the case of the petitioner before the State Level Committee, the Page No.# 3/3 petitioner is before this Court. 3. Ms. K. Phukan, learned Government Advocate submits that since the recommendation have been made by the District Level Committee, Sonitpur, the case of the petitioner may be directed to be considered by the State Level Committee. 4. Upon hearing the learned counsel for the parties and on perusal of the materials available on record, the respondents, more particularly respondent Nos. 1 and 2 are directed to place the case of the petitioner before the next State Level Committee for consideration of appointment on compassionate basis in terms of relevant schemes. 5. With the above observations and direction, the writ petition stands disposed of. JUDGE Comparing Assistant