Disposed

Sahjahan Ahmed v. the State of Assam and 5 Ors.

Gauhati HC5 Aug 2025WP(C)/4138/2025

Case brief

AI extract

What is this about?

Petitioner sought compassionate appointment after previous order directed DLC recommendation. Court, relying on a common order in lead case WP(C) No. 342 of 2025, directed respondents to place the petitioner's case before the next State Level Committee for consideration.

What did the court decide?

Direction to place case before next State Level Committee for compassionate appointment consideration.

Sahjahan Ahmed Vs the State of Assam and 5 Ors. — Service and Employment | Gauhati HC (2025)

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GAHC010113852025

2025:GAU-AS:10186

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/4138/2025

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SAHJAHAN AHMED

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S/O- LATE JOYNUR AHMED, VILL.- GANDHIYA, P.O. GANDHIA, DIST. NALBARI, ASSAM, PIN- 781304.

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VERSUS

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THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, DISPUR, GUWAHATI-781006.

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2:THE CHAIRMAN OF STATE LEVEL COMMITTEE (SLC) FOR APPOINTMENT ON COMPASSIONATE GROUND DISPUR GUWAHATI-781006.

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3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM PERSONNEL DEPARTMENT DISPUR GUWAHATI-781006. 4:THE SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF SCHOOL EDUCATION DISPUR GUWAHATI-6. 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER (DEEO) NALBARI ASSAM PIN- 781335.

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6:THE DISTRICT COMMISSIONER CUM CHAIRMAN OF DISTRICT LEVEL COMMITTEE (DLC) NALBARI FOR APPOINTMENT ON COMPASSIONATE GROUND

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NALBARI ASSAM PIN- 781335

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Advocate for the Petitioner : MR. N HOSSAIN, MR. M MONDAL

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Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU

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BEFORE HONOURABLE MR. JUSTICE NELSON SAILO

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ORDER

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Date : 06.08.2025

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Heard Mr. N. Hossain, learned counsel for the petitioner, who submits that the petitioner earlier approached this Court by filing WP(C) No. 6402/2023 seeking his consideration for compassionate appointment by the District Level Committee (DLC), Nalbari. The writ petition was disposed of, vide Order dated 12.12.2023 by directing the respondent authorities concerned to place the case of the petitioner before the DLC, Nalbari. Consequently, the case of the petitioner was taken up by the DLC which met on 28.08.2024 and he was recommended against the vacancy in Grade-IV post under the establishment of District Elementary Education Officer (DEEO), Nalbari. The DLC minutes was sent to the Joint Secretary to the Government of Assam, School Education Department by the Additional District Commissioner, Nalbari on 30.09.2024. But, however, the case of the petitioner has not been considered by the State Level Committee (SLC) till date and therefore, the petitioner is before this Court.

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2. The learned counsel submits that in the meantime an Office Memorandum dated 18.09.2024 came to be issued by the Government of Assam in the Personnel (B) Department by which it was provided that the Compassionate

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Appointment Scheme has been discontinued in view of the introduction of Compassionate Family Pension Scheme. The learned counsel, however, submits that a number of persons similarly situated as the petitioner approached this Court and this Court vide common Order dated 03.04.2025 and the lead case being WP(C) No. 342 of 2025 directed that all the pending cases for compassionate appointment be considered by the respondent authorities in terms of the relevant guidelines formulated by the Government.

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3. The learned counsel therefore submits that in the case of the present petitioner also being covered, a similar direction may be issued.

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4. Ms. S. Kowar, learned Government Advocate, submits that in view of the earlier Orders passed by this Court in similar cases, Court may pass an appropriate order as it deems fit and proper.

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5. As the petitioner’s case is found to be covered by the earlier Order of this Court, the writ petition is disposed of by directing the respondents to place the case of the petitioner before the next SLC for considering his case for compassionate appointment.

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JUDGE

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Comparing Assistant

Sahjahan Ahmed v. the State of Assam and 5 Ors.

Case brief

What is this about?

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Sahjahan Ahmed v. the State of Assam and 5 Ors.

Case brief

What is this about?

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