THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM AND 7 ORS

Advocate for the Petitioner : MR P R SARMA, MR. A HUDA,MS. A Y SUMI,OTOLI KITS,S YESMIN Advocate for the Respondent : SC, ELEM. EDU, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN Date : 15.09.2025 ORDER Heard Mr. P.R. Sarma, learned counsel for the petitioner. Also heard Mr. G. Pegu, learned standing counsel for the respondent Nos. 1, 2, 3, 5 and 6 and Mr. B. Deuri, learned Junior Government Advocate for the respondent Nos. 4 and 7.

#2. The grievance, being sought to be addressed in this petition, is that the father of the petitioner, namely, Late Ramen Gogoi, who was an employee of Phenkheti L.P. School, in Lakhimpur district, died in harness on 29.06.2014. Thereafter, the petitioner had filed an application for being appointed on compassionate ground on 11.09.2014, but the same failed to evoke any response. Being aggrieved, the petitioner approached this Court by filing WP(C) Page No.# 3/4 No. 5090/2023, and vide order dated 09.10.2023, this Court was pleased to direct the District Elementary Education Officer, Lakhimpur to place the application of the petitioner for compassionate appointment before the next available DLC, Lakhimpur district, which shall give a due consideration on the application of the petitioner as per requirement of law. Thereafter, the District Level Committee (DLC), Lakhimpur had considered the case of the petitioner on

26.10.2023, and recommended her name for being appointed on compassionate ground to the post of UP Teacher under the Office of the District Elementary Education Officer, Lakhimpur. However, the case of the petitioner has not been considered till date and in the meantime, Commissioner and Secretary to the Government of the Assam, Personnel (B) Department had issued Office Memorandum, vide Memo No. ABP.104/2024/90, dated 18.09.2024, resolving not to place cases for appointment on compassionate ground before any DLC or SLC. Being aggrieved, the petitioner has approached this Court by filing the present petition.

#3. Mr. Sarma, learned counsel for the petitioner submits that this petition may be disposed of at this motion stage itself, by directing the respondent authorities to place of the case of the petitioner before the next SLC.

#4. Mr. Pegu, learned standing counsel for the respondent Nos. 1, 2, 3, 5 and 6 and Mr. Deuri, learned Junior Government Advocate for the respondent Nos. 4 and 7 submit that they have no objection in the event of disposing of this petition by directing the respondent authorities to place the case of the petitioner before the next SLC.

#5. Having heard the submissions of learned counsel for both the parties, I have carefully gone through the petition and the documents placed on record, and also perused the recommendation of the DLC, Lakhimpur, dated Page No.# 4/4

26.10.2023.

#6. Taking note of the submissions of learned counsel for both the parties, and also considering the facts and circumstances on the record, this Court is inclined to dispose of this petition by directing the respondent authorities to place the case of the petitioner before the next SLC and on such proposal being placed before the SLC, the SLC shall consider the same, in accordance with law.

#7. The aforementioned exercise shall be carried out within a period of three months from the date of receipt of certified copy of this order.

#8. The petitioner shall obtain a certified copy of this order and shall place the same before the respondent authorities within a week from today.

#9. In terms of above, this writ petition stands disposed of. JUDGE Comparing Assistant