GUWAHATI, India, May 27 -- Gauhati High Court issued the following order on April 28:
1. Heard Mr. L. Gogoi, learned counsel for the petitioners. Also heard Mr. B. Kaushik, learned Standing Counsel, Elementary Education Department and Mr. G. Pegu, learned Senior Government Advocate for the respondents.
2. Six petitioners, namely, Sri Nabin Pegu, Sri Suresh Pegu, Smt. Sangeeta Borah, Sri Bolin Rajkhowa, Smt. Aruna Gogoi and Miss Gitika Borah approached this Court by filing the present petition under Article 226 of the Constitution of India, to set aside the Office Memorandum dated 18.09.2024, issued by the Commissioner & Secretary to the Government of Assam, Personnel (B) Department, Dispur in respect of the petitioners deciding not to place any propsals before the State Level Committee (SLC) for recommendation of candidates for appointed on compassionate ground and also to direct the respondent authorities more particularly, the State Level Committee to consider the cases of the petitioners for being appointed on compassionate ground against any post as per their qualification.
The background facts, leading to filing of the present petition are briefly stated as under:-
"The case of the petitioner No.1, (Sri Nabin Pegu), is that his father namely, Bani Kanta Pegu, died in harness on 08.03.2015, while serving as Assistant Teacher in Dahagharia Anandi Gaonbura L.P. School, in the district of Lakhimpur. Thereafter, on 24.03.2015, he filed an application before the Block Elementary Education Officer, Bihpuria for being appointed on compassionate ground and the same was forwarded to the In-Charge Inspector of Schools, North Lakhimpur on 18.05.2015. Thereafter, as per order of this Court in WP(C) No. 3692/2023, his application was placed before the District Level Committee (DLC), Lakhimpur and the said DLC has recommended his application and forwarded the same to the SLC for further consideration. But, the same has not yet been considered.
The case of the Petitioner No.2, (Sri Suresh Pegu), is that his father Gopinath Pegu, died in harness on 17.05.2007, while he was serving as an Assistant Teacher in 440 No. Kukilamua L.P. School. The petitioner then preferred an application for being appointed on compassionate ground on 06.08.2007, before the Inspector of Schools, Lakhimpur. The District Elementary Education Officer, Lakhimpur forwarded the application of the petitioner to the Deputy Commissioner, Lakhimpur on 05.06.2008. Thereafter, his name was recommended by the DLC, Lakhimpur and subsequently, the SLC recommended his name for being appointed as Grade-III (Assistant Teacher) post in its meeting held on 01.04.2014. The petitioner joined as Assistant Teacher in Baruns Chuk L.P. School in Lakhimpur district on 16.02.2015. Thereafter, some of the petitioners approach this Court by filing WP(C) No. 278/2017, on the ground that the Deputy Commissioner, Lakhimpur has forwarded a fake Minutes of DLC to the SLC for recommendation, and did not sent the genuine one. Then this Court was pleased to set aside the appointment and pursuant to the order of this Court dated 28.05.2018, the respondent No.2, has terminated the petitioner vide order dated 14.06.2021, his application was not considered by the District Level Committee, though some of the private respondents in the said writ petition were recommended for being appointed by the SLC. Thereafter on 23.08.2023, the Joint Secretary to the Govt. of Assam, Department of School Education, Dispur directed the Deputy Commissioner to place the names of terminated teachers in afresh DLC meeting, but the petitioner's name is not mentioned in the said letter. Thereafter, vide letter dated 23.08.2023, the Joint Secretary, Department of School Education, Dispur has directed the Deputy Commissioner, Lakhimpur to place the application of the petitioners before DLC. As per DLC meeting held on 01.09.2023, recommended the name of petitioner Nos. 2 & 3 and forwarded their application to the SLC, but the same is still under consideration.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x87A8Pa5jbTLGLYu4EvN%2B3yqriVQEPFC484WxynAfiF9&caseno=WP(C)/2199/2025&cCode=1&cino=GAHC010082852025&state_code=6&appFlag=)
Disclaimer: Curated by HT Syndication.
