Promod Das Vs the State of Assam and Ors.

Heard Mr. N. Hossain, learned counsel for the petitioner. Also heard Ms. S. Konwar, learned Junior Government Advocate for the respondent Nos. 1, 2, 3 and 6; and Mr. G. Pegu, learned standing counsel for the respondent Nos. 4 and 5.

¶26

The grievance, being sought to be addressed in this petition, is that the father of the petitioner, namely, late Paresh Das, who was serving as Head Teacher of Uttar Nawboicha M.E. School, under the District Elementary Education Officer, Lakhimpur, died in harness on 19.05.2002, much before coming into force of the notification dated 01.04.2017. Thereafter, the petitioner had applied for being appointed on compassionate ground, but the same failed to evoke any response. Being aggrieved, the petitioner approached this Court by filing WP(C) No. 4451/2021, praying for issuing direction to the respondent authorities for consideration of his case for being appointed on compassionate ground. Thereafter, pursuant to the letter dated 23.08.2023, of the Joint Secretary to the Government of Assam, Department of School Education, assurance was given to him that action will be taken on withdrawal of the writ petition, and then the said writ petition was withdrawn by the petitioner. Thereafter, the District Level Committee (DLC), Lakhimpur had considered the case of the petitioner on 01.09.2023, and recommended him for being

¶27

Page No.# 3/4

¶28

appointed on compassionate ground to the post of UP Teacher. Thereafter, the case of the petitioner was forwarded by the District Commissioner, Lakhimpur to the Commissioner and Secretary to the Government of Assam, Department of School Education for placing the same before the next State Level Committee (SLC). However, the same has not been placed before the SLC by the respondent authorities 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. However, the petitioner was recommended by the DLC, Lakhimpur on 01.09.2023, before the O.M. dated 18.09.2024, came into force and subsequently, the Government had issued one notice dated 30.08.2025, inviting application from the candidates. Under such circumstances, the petitioner has prayed for issuing direction to the respondent authorities to place the matter before the SLC.

¶29

Ms. Konwar, learned Junior Government Advocate for the respondent Nos. 1, 2, 3 and 6; and Mr. Pegu, learned standing counsel for the respondent Nos. 4 and 5 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 SLC.

¶30

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 01.09.2023, and also the notice dated 30.08.2025.

¶31

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

¶32

Page No.# 4/4

¶33

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.

¶34

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

¶35

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

¶36

In terms of above, this writ petition stands disposed of.

¶37

JUDGE

¶38

Comparing Assistant

Promod Das v. the State of Assam and Ors.

Case brief

What is this about?

What did the court decide?

Promod Das v. the State of Assam and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Abdur Rashid and Anr. Vs the State of Assam and 3 Ors.

MD Ahadullah and Anr. Vs Iman Ali and Ors.

MD Ahadullah and Anr. Vs Iman Ali and Anr.

Sri Alakesh Mazumdar and 8 Ors. Vs the State of Assam and 2 Ors.

Abu Khayer Sk Vs Suranjana Senapati

Mr Diganta Biswas Vs the State of Assam and Ors.