High Court of Assam · 2025
Case at a glance
Outcome
Disposed of
] In that view of the matter, writ petition is disposed of with a direction to
Judgment
Advocate for the Petitioner : MR. A SARMA, MR R S CHAUHAN,MS. D CHAUHAN Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE NELSON SAILO Date : 17.12.2025 ORDER Heard Mr. A. Sarma, learned counsel for the petitioner, who submits that in terms of the last Court’s Order dated 01.08.2025, the petitioner has filed an additional affidavit incorporating the Communication dated 27.02.2007 by which the case of the petitioner was asked to be verified for placing his case before the DLC for consideration for compassionate appointment. [2.] The case of the petitioner is that his father who was an employee of Nelee Government M.V. School, died-in-harness on 20.11.1999. Since the petitioner did not have the requisite qualification at the relevant time he could only apply for compassionate appointment on 12.02.2004. The District Level Committee which held its meeting on 14.06.2004, recommended the name of the petitioner for appointment as Assistant Teacher in L.P. School. However, the Deputy Secretary to the Govt. of Assam, Elementary Education Department sent back the matter to the Director of Elementary Education on 27.02.2007 to verify the proposal in the light of WT Message sent on 26.12.2006 and then to place the matter before the DLC for consideration. Since the matter was not placed before the DLC, the petitioner approached this Court by filing WP(C)/4747/2010 which was disposed of vide order dated 10.04.2012 with a direction to the Page No.# 3/4 respondents to place the case of the petitioner before the next DLC for consideration in terms of the Scheme formulated by the State Government. The case of the petitioner was not placed before the DLC for a long time and ultimately when it was placed before the DLC which held its meeting on
Operative part
29.11.2024, his case was rejected due to shortage of vacancy as per Principle No.14(a) of the O.M Dated 01.06.2015. [3.] The learned counsel for the petitioner submits that under such circumstance, the DLC should have adopted the conditions provided under Clause-15 of the O.M dated 01.06.2015 which is to the effect that if sufficient vacancies are not available in any particular Office to accommodate the persons in the waiting list for compassionate appointment, it would be open to the Administrative Department/Office to take up the matter with other Departments/Offices to provide early appointment on compassionate grounds. [4.] At this stage, Mr. B. Kaushik, learned Standing Counsel, Elementary Education Department submits that the application filed by the petitioner is only belated and it is in clear violation of Clause-3 of the O.M dated 01.06.2015 since it was not filed within one year from the date of death of the employee concerned. It may however be seen that the petitioner had earlier approached this Court by filing WP(C)/4747/2010 and the writ petition was not dismissed on the ground of delay in filing the application for compassionate appointment and in fact, a direction was given for considering this case in spite of lapse of two years from the date of filing the application. The said order has not been challenged and it stands. Under such circumstance, this Court is not inclined to dismiss this writ petition on the ground of delay in filing of the application at this stage particularly when the earlier writ petition had been entertained by this Court. Page No.# 4/4 [5.] In that view of the matter, writ petition is disposed of with a direction to the respondent authorities to place the case of the petitioner once more before the DLC in its next sitting for consideration and the DLC shall take into account the Clause-15 of the O.M dated 01.06.2015 while considering the case of the petitioner. [6.] With the above observations and directions, the writ petition stands disposed of. JUDGE Comparing Assistant
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: ] In that view of the matter, writ petition is disposed of with a direction to
Which court decided this case, and when?
Gauhati High Court, on 17 Dec 2025. The bench was NELSON SAILO.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.