Riazaul Alam Chowdhury Vs the State of Assam and 4 Ors.

THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, ELEMENTARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI-781006.

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2:THE DIRECTOR ELEMENTARY EDUCATION DEPARTMENT ASSAM KAHILIPARA GUWAHATI-19.

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3:THE STATE LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM ELEMENTARY EDUCATION DEPARTMENT DISPUR GUWAHATI-6. 4:THE DISTRICT LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT NAGAON REPRESENTED BY THE DISTRICT COMMISSIONER NAGAON P.O. AND DIST. NAGAON ASSAM

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5:THE DISTRICT ELEMENTARY EDUCATION OFFICER NAGAON P.O. AND DIST. NAGAON ASSA

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Advocate for the Petitioner : MR. Z HAMMAD, R DAS

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

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BEFORE HONOURABLE MR. JUSTICE KARDAK ETE

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ORDER

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Date : 13.05.2026

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Heard Mr. Z. Hammad, learned counsel for the petitioner. Also heard Ms. K. Das, learned Standing Counsel, Elementary Education Department appearing for the respondents No. 1, 2, 3 and 5 and Mr. P. Saikia, learned State Counsel appearing for the respondents No.4.

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Having considered that similar matter has been disposed of by the Coordinate Bench of this Court in WP(C) 611/2026 and as agreed to by the learned counsel for the parties, this writ petition is disposed of at the motion stage itself.

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The case of the petitioner is that his father late Idris Ali, while working as Head Master, Maherpar M.E. Madrassa died-in-harness on 06.09.2015. Thereafter, the petitioner had applied for compassionate appointment. However, the case of the petitioner was rejected by the District Level Committee on the ground of non-availability of vacancy. Being aggrieved, the petitioner approached this Court by way of filing WP(C) 928/2023.

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This Court vide order dated 29.05.2023 in WP(C) 928/2023 remanded the matter to the District Level Committee, Nagaon for a fresh consideration on merits in the next meeting and consider the case of the petitioner in accordance with law by taking into account Clause-15 of the Office Memorandum (OM) dated 01.06.2015, wherein, it is provided that if there are no subsequent vacancies in a particular office to accommodate the person on compassionate basis, it is open for the Administrative Department/Office to take up the matter with other Departments/Offices of the Government to provide appointment on compassionate basis to those waiting in the list.

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Pursuant thereto, the case of the petitioner was considered by the District Level Committee (DLC), Nagaon on 20.09.2024 and recommended for appointment on compassionate ground to be placed before the State Level Committee (SLC) for further consideration in terms of Clause-15 of the OM dated 01.06.2015. Despite the same, the SLC has not considered the case of the petitioner. Hence, this petition.

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In a similarly situated case of Sugrim Prasad –vs- The State of Assam & Ors. in WP(C) 611/2026 vide order dated 29.04.2026, the Coordinate Bench of this Court has directed the respondent authorities to place the case of the petitioner before the next SLC concerned for considering his appointment on compassionate ground. The relevant paragraphs 6 and 7 are quoted herein below:-

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“ [6] No doubt, the State Government has come up with the Compassionate Family Pension Scheme in lieu of compassionate appointment by issuing OM dated 18.09.2024, but the fact remains that the case of the petitioner is pending consideration after his case was recommended by the DLC concerned on 15.07.2024, pursuant to the direction passed by this Court on 27.09.2023. Such being the case, it cannot be said that the case of the petitioner will be covered by the OM dated 18.09.2024.

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[7] In that view of the matter, the writ petition is disposed of by directing the respondent authorities concerned to place the case of the petitioner before the next SLC concerned for considering his appointment on compassionate basis. The SLC in making such consideration shall also take into account Clause-15 of the OM dated 01.06.2015.”

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Having considered that the case of the petitioner has been recommended by the DLC to be placed before the SLC pursuant to the order of this Court and considering that similar matter has been disposed of by this Court directing the respondent authorities to place the case of the petitioner before the next SLC, this Court is of the considered view that this petition can be disposed of providing the similar relief to the petitioner.

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Accordingly, this petition is disposed of by directing the respondent authorities concerned to place the case of the petitioner before the next SLC concerned for considering his appointment on compassionate ground. The SLC in making such consideration shall also take into account Clause 15 of the OM dated 01.06.2015.

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Writ petition stands disposed of in terms of the above.

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JUDGE

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Comparing Assistant

Riazaul Alam Chowdhury v. the State of Assam and 4 Ors.

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Riazaul Alam Chowdhury v. the State of Assam and 4 Ors.

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