[Cites 2, Cited by 0]
Gauhati High Court
WA/83/2024 on 12 December, 2025
Page No.# 1/35
GAHC010072852023
2025:GAU-AS:17234-DB
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
1. Writ Appeal No.287/2023
1. The State of Assam , represented by the Chief Secretary
to the Government of Assam, Dispur, Guwahati - 6.
2. The Commissioner & Secretary to the Government of
Assam, Personnel (B) Department, Dispur, Guwahati - 6.
........Appellants
-Versus-
1. Dipak Gogoi,
Son of Late Labu Rram Gogoi,
Village: Khumtai, PO: Khumtai, District : Golaghat, Assam,
PIN - 785619.
........Respondent/Writ Petitioner
2. The Commissioner & Secretary to the Government of
Assam, Higher Education Department, Dispur, Guwahati - 6.
3. The Director of Higher Education, Assam,
Kahilipara, Guwahati - 19.
4. The District Level Committee (DLC), headed by the Deputy
Commissioner, Golaghat, Assam.
5. The Inspector of Schools, Golaghat, Assam.
........ Proforma Respondents
2. Writ Appeal No.50/2024
1. The State of Assam, represented by the Chief Secretary to
the Government of Assam, Dispur, Guwahati - 6.
2. The Commissioner & Secretary to the Government of
Page No.# 2/35
Assam, Personnel (B) Department, Dispur, Guwahati - 6.
........Appellants
-Versus-
1. Mithun Roy,
Son of Late Jogesh Chandra Roy,
Resident of Village: South Kalachup, PO: Purba Harinagar,
District: Karimganj, Assam, PIN - 788734.
........Respondent/Writ Petitioner
2. The State of Assam, represented by the Commissioner &
Secretary to the Government of Assam, Education
(Secondary) Department, Dispur, Guwahati - 6.
3. The State Level Committee for Compassionate
Appointment, represented by its Chairman-cum-the Chief
Secretary to the Government of Assam, Dispur, Guwahati - 6.
3. The Director of Secondary Education, Assam, Kahilipara,
Guwahati - 19.
4.The Inspector of Schools, Karimganj District Circle,
Karimganj, Assam, PIN - 788710.
5. The District Level Selection Committee for Compassionate
Appointment, represented by its Chairman-cum-the Deputy
Commissioner, Karimganj, Assam, PIN - 788710.
........ Proforma Respondents
3. Writ Appeal No.51/2024
1. The State of Assam, represented by the Chief Secretary to
the Government of Assam, Dispur, Guwahati - 6.
2. The Commissioner & Secretary to the Government of
Assam, Personnel (B) Department, Dispur, Guwahati - 6.
........Appellants
-Versus-
1. Bikash Talukdar,
Son of Late Dibakar Talukdar,
Resident of Village: Bormakhibaha,
PO: Makhibaha, District: Nalbari, Assam.
........Respondent/Writ Petitioner
Page No.# 3/35
2. The Additional Chief Secretary to the Government of
Assam, Public Health Engineering Department, Dispur,
Guwahati - 6.
3. The State Level Committee (SLC) for Compassionate
Appointment, represented by the Chairman.
4. The District Level Committee (DLC) for Compassionate
Appointment, Nalbari, headed by the Deputy Commissioner,
Nalbari, Assam.
........Proforma Respondents
4. Writ Appeal No.57/2024
1. The State of Assam, represented by the Chief Secretary to
the Government of Assam, Dispur, Guwahati - 6.
2. The Commissioner & Secretary to the Government of
Assam, Personnel (B) Department, Dispur, Guwahati -6.
........Appellants
-Versus-
1. Navanita Gogoi,
Daughter of Late Premadhar Gogoi,
Resident of Village: Bhakat Gaon, PO: Ghilamara, District:
North Lakhimpur, Assam.
........Respondent/Writ Petitioner
2. The State Level Selection Committee (For selection on
Compassionate ground), represented by the Chief Secretary
to the Government of Assam, Dispur, Guwahati - 6.
3. The Additional Chief Secretary to the Government of
Assam, Department of Personnel (B), Dispur, Guwahati - 6.
4. The Commissioner & Secretary to the Government of
Assam, Education Department, Dispur, Guwahati - 6.
5. The District Level Committee, represented by the Deputy
Commissioner, North Lakhimpur, PO and District: North
Lakhimpur, Assam, PIN - 787001.
........Proforma Respondents
Page No.# 4/35
5. Writ Appeal No.59/2024
1. The State of Assam, represented by the Chief Secretary to
the Government of Assam, Dispur, Guwahati - 6.
2. The Commissioner & Secretary to the Government of
Assam, Personnel (B) Department, Dispur, Guwahati - 6.
........Appellants
-Versus-
1. Sheikh Md. Saidul Islam,
Son of Late Abddus Sattar,
Resident of Village: Kalgachia, PO & PS: Kalgachia, PIN -
781319, District: Barpeta, Assam.
........Respondent/Writ Petitioner
2. The Commissioner & Secretary to the Government of
Assam, Panchayat & Rural Development Department,
Government of Assam, Dispur, Guwahati - 6.
3.The Commissioner, Panchayat & Rural Development
Department, Assam, Panjabari, Guwahati - 781037.
4. The Deputy Commissioner-cum-Chairman, District Level
Committee (DLC) for Compassionate Appointment, District:
Barpeta, Assam, PIN - 781301.
5. The Chief Executive Officer, Barpeta Zilla Parishad,
Barpeta, District: Barpeta, Assam, PIN - 781301.
........Proforma Respondents
6. Writ Appeal No.75/2024
1. The State of Assam, represented by the Chief Secretary to
the Government of Assam, Dispur, Guwahati - 6.
2. The Commissioner & Secretary to the Government of
Assam, Personnel (B) Department, Dispur, Guwahati - 6.
........Appellants
-Versus-
1. Gautam Das,
Son of Late Soneswar Das,
Resident of Village: Pachamtola,
Page No.# 5/35
PO: Champak Nagar, District: Kamrup (R), Assam.
........Respondent/Writ Petitioner
2.The Additional Chief Secretary to the Government of
Assam, PHE Department, Dispur, Guwahati - 6.
3. The Additional Chief Secretary to the Government of
Assam, Department of Personnel (B), Dispur, Guwahati - 6.
4. The State Level Committee (SLC) for Compassionate
Appointment, being represented by its Chairman, namely,
the Chief Secretary to the Government of Assam, Dispur,
Guwahati - 6.
5. The District Level Committee (DLC) for Compassionate
Appointment, Nalbari, represented by the Deputy
Commissioner, Nalbari-cum-Chairman, DLC, Nalbari.
........Proforma Respondents
7. Writ Appeal No.78/2024
1. The State of Assam, represented by the Chief Secretary to
the Government of Assam, Dispur, Guwahati - 6.
2. Commissioner & Secretary to the Government of Assam,
Personnel (B) Department, Dispur, Guwahati - 6.
........Appellants
-Versus-
1. Saraswati Sinha,
Daughter of Late Kulachandra Sinha,
Resident of Village: Bidyanagar, PO: Bidyanagar, District:
Karimganj, Assam.
........Respondent/Writ Petitioner
2. The Commissioner & Secretary to the Government of
Assam, Education (Elementary) Department, Dispur,
Guwahati - 6.
3. The State Level Committee (SLC), represented by the
Chief Secretary to the Government of Assam.
4. The District Level Committee (DLC), represented by its
Chairman, the Deputy Commissioner, Karimganj, Assam.
5. The Director of Elementary Education, Assam, Kahilipara,
Page No.# 6/35
Guwahati - 19.
6. District Elementary Education Officer, KDC, Karimganj, PO:
Karimganj, Assam.
........Proforma Respondents
8. Writ Appeal No.79/2024
1. The State of Assam, represented by the Chief Secretary to
the Government of Assam, Dispur, Guwahati - 6.
2. The Commissioner & Secretary to the Government of
Assam, Personnel (B) Department, Dispur, Guwahati - 6.
........Appellants
-Versus-
1. Mehbub Alam Mazumder,
Son of Late Samsul Hoque Mazumder,
Resident of Village & PO: Algapur Part- V,
PS: Algapur, PIN - 788150, District: Hailakandi, Assam.
........Respondent/Writ Petitioner
2. The Commissioner & Secretary to the Government of
Assam, Education (Elementary) Department, Dispur,
Guwahati - 6.
3. The Director of Elementary Education, Assam, Kahilipara,
Guwahati - 19.
4. The District Level Committee (DLC), headed by the Deputy
Commissioner, Hailakandi, Assam.
5. The Deputy Inspector of Schools, Hailakandi, Assam.
6. The District Elementary Education Officer, Hailakandi, PO
& PS: Hailakandi, District: Hailakandi, Assam.
........Proforma Respondents/
9. Writ Appeal No.80/2024
1. The State of Assam, represented by Chief Secretary to the
Government of Assam, Dispur, Guwahati - 6.
2. The Commissioner & Secretary to the Government of
Assam, Personnel (B) Department, Dispur, Guwahati - 6.
........Appellants
Page No.# 7/35
-Versus-
1. Bhaskar Konwar,
Son of Late Gobin Knowar,
Resident of Village: Timona Lunporia Gaon, PO: Lahowal,
District: Dibrugarh, Assam.
........Respondent/Writ Petitioner
2. The State of Assam, represented by the Commissioner &
Secretary to the Government of Assam, Secondary Education
Department, Dispur, Guwahati - 6.
3. The State Level Committee (SLC) for Compassionate
Appointment for Secondary Education Department being
represented by the Chief Secretary to the Government of
Assam, Dispur, Guwahati - 6.
4. The Director of Secondary Education-cum-Director of Non-
Formal & Adult Education, Assam, Jatia, Kahilipara Road,
Guwahati - 19.
5. The District Level Committee for Compassionate
Appointment, represented by the Deputy Commissioner,
Dibrugarh, PO & District: Dibrugarh, Assam, PIN - 786001.
6. The District Adult Education Officer, Dibrugarh, PO &
District: Dibrugarh, Assam, PIN - 786001.
........Proforma Respondents
10. Writ Appeal No.82/2024
1. The State of Assam, represented by the Chief Secretary to
the Government of Assam, Dispur, Guwahati - 6.
2. The Commissioner & Secretary to the Government of
Assam, Personnel (B) Department, Dispur, Guwahati- 6.
........Appellants
-Versus-
1. Kamal Dihingia,
Daughter of Late Gangaram Dihingia,
Village: Handique Milon, PO: Simen Chapori,
District: Dhemaji, Assam.
........Respondent/Writ Petitioner
Page No.# 8/35
2. The Commissioner & Secretary to the Government of
Assam, Irrigation Department, Dispur, Guwahati - 6.
3. The State Level Committee for Compassionate
Appointment headed by the Chief Secretary to the
Government of Assam.
4. The Joint Secretary to the Government of Assam,
Transformation and Development Department, Dispur,
Guwahati - 6.
........Proforma Respondents
11. Writ Appeal No.83/2024
1. The State of Assam, represented by the Chief Secretary to
the Government of Assam, Dispur, Guwahati - 6.
2. The Commissioner & Secretary to the Government of
Assam, Personnel (B) Department, Dispur, Guwahati - 6.
........Appellants
-Versus-
1. Miss Kiran Mudoi,
Daughter of Late Satran Mudoi,
Resident of Village: Nonoi Mudoioni,
PO: Nonoi, District: Nagaon, Assam.
........Respondent/Writ Petitioner
2. The State Level Committee (SLC) for Compassionate
Appointment, represented by the Chief Secretary,
Government of Assam, Dispur, Guwahati - 6.
3. The District Level Committee (DLC) for Compassionate
Appointment, Nagaon, headed by the Deputy Commissioner,
Nagaon, Assam.
4. The Superintendent of Police, Nagaon, PO & District:
Nagaon, Assam.
........Proforma Respondents
12. Writ Appeal No.85/2024
1. The State of Assam, represented by the Chief Secretary to
the Government of Assam, Dispur, Guwahati - 6.
Page No.# 9/35
2. The Commissioner & Secretary to the Government of
Assam, Personnel (B) Department, Dispur, Guwahati - 6.
........Appellants
-Versus-
1. Sri Deepal Dey,
Son of Late Dulal Chandra Dey,
Resident of S.P. Road, Badarpur, PO: Badarpur, District:
Karimganj, Assam, PIN -788710.
........Respondent/Writ Petitioner
2. The Secretary to the Government of Assam,
Public Health Engineering Department, Dispur, Guwahati - 6.
3. The Chief Engineer, Public Health Engineering
Department, Hengrabari, Guwahati.
4. The District Level Committee (DLC), headed by the Deputy
Commissioner, Karimganj, PO: Karimganj.
5. The Executive Engineer, Public Health Engineering
Division, Karimganj, PO & District: Karimganj.
........Proforma Respondents
13. Writ Appeal No.86/2024
1. The State of Assam, represented by the Chief Secretary to
the Government of Assam, Dispur, Guwahati - 6.
2. The Commissioner & Secretary to the Government of
Assam, Personnel (B) Department, Dispur, Guwahati - 6.
........Appellants
-Versus-
1. Shariful Islam Akand,
Son of Late Safi Uddin Ahmed,
Resident of Village: Pokalagi, PO: Kamandanga, PS:
Tamarhat, District: Dhubri, Assam.
........Respondent/Writ Petitioner
2. Commissioner & Secretary to the Government of Assam,
Education (Secondary) Department, Dispur, Guwahati - 6.
Page No.# 10/35
3. The Director of Secondary Education, Assam, Kahilipara,
Guwahati - 19.
4. The District Level Committee for Compassionate
Appointment headed by the Deputy Commissioner, Dhubri,
PO & District: Dhubri, PIN - 783301.
........Proforma Respondents
14. Writ Appeal No.98/2024
1. The State of Assam, represented by the Chief Secretary to
the Government of Assam, Dispur, Guwahati - 6.
2. The Commissioner & Secretary to the Government of
Assam, Personnel (B) Department, Dispur, Guwahati - 6.
........Appellants
-Versus-
1. Malin Nath,
Son of Late Gangadhar Nath,
Resident of Phehura Khuwa, PO: Bhulukadoba, District:
Barpeta, Assam, PIN - 781301.
........Respondent/Writ Petitioner
2. The Commissioner & Secretary to the Government of
Assam, Department of School Education Dispur Guwahati - 6.
3. The Commissioner & Secretary to the Government of
Assam, Department of Panchayat & Rural Development,
Dispur - 6, Assam.
4. The Director of Elementary Education, Assam, Kahilipara,
Guwahati - 19.
5. The Commissioner, Panchayat & Rural Development
Department, Assam, Panjabari, Juripar, Guwahati - 37.
6. The Deputy Commissioner-cum-the Chairman, District
Level Selection Committee on Compassionate Ground,
District: Barpeta, Assam, PIN - 781301.
7. The District Elementary Education Officer, Barpeta,
District: Barpeta, Assam.
........Proforma Respondents
Page No.# 11/35
15. Writ Appeal No.103/2024
1. The State of Assam, represented by the Chief Secretary to
the Government of Assam, Dispur, Guwahati - 6.
2. The Commissioner & Secretary to the Government of
Assam, Personnel (B) Department, Dispur, Guwahati - 6.
........Appellants
-Versus-
1. Kashmiri Deka,
Son of Late Khargeswar Deka,
Resident of Village: Keotpara,
PS: Mangaldai, District: Darrang, Assam.
........Respondent/Writ Petitioner
2. The State of Assam, represented by the Chief Secretary,
Government of Assam-cum-Chairman, State Level Selection
Committee on Compassionate Ground, Dispur, Guwahati - 6.
3. The Commissioner & Secretary to the Government of
Assam, Home & Political Department, Dispur, Guwahati - 6.
4. The Director General of Police, Assam,
Ulubari, Guwahati - 7.
5. The District Level Committee on Compassionate Ground,
represented by the Deputy Commissioner, District: Baksa,
Mushalpur, Assam, Pin - 781372.
6. The Superintendent of Police, Baksa (BTAD), Mushalpur.
........Proforma Respondents
16. Writ Appeal No.104/2024
1. State of Assam, represented by the Chief Secretary to the
Government of Assam, Dispur, Guwahati- 6.
2. The Commissioner & Secretary to the Government of
Assam, Personnel (B) Department, Dispur, Guwahati- 6.
........Appellants
-Versus-
1. Jitu Das,
Son of Late Maniram Das,
Page No.# 12/35
Resident of Village: Gharmora, PO: Gharmora, PS: North
Lakhimpur, District: Lakhimpur, PIN - 787032, Assam.
........Respondent/Writ Petitioner
2. The Commissioner & Secretary to the Government of
Assam, Public Health Engineering Department, Dispur,
Guwahati- 6.
3. The Chief Engineer, Public Health Engineering
Department, Hengrabari Health Complex, Hengrabari Road,
Guwahati- 781036.
4. The District Level Committee for Compassionate
Appointment, represented by the Deputy Commissioner-cum-
Chairman, Lakhimpur,Assam, PIN- 787001.
.........Proforma Respondents
17. Writ Appeal No.123/2024
1. The State of Assasm, represented by the Chief Secretary
to the Government of Assam, Dispur, Guwahati - 06.
2. The Commissioner & Secretary to the Government of
Assam, Personnel (B) Department, Dispur, Guwahati - 06.
........Appellants
-Versus-
1. Pankaj Phukan,
Son of Late Dambaru Phukan,
Resident of Village: Safrai Mohan Gaon,
PO: Mon Mohan, PS: Sonari, District: Charaideo, Assam.
........Respondent/Writ Petitioner
2. The Commissioner & Secretary to the Government of
Assam, Education (Elementary) Department, Dispur,
Guwahati-6.
3. The Director, Elementary Education, Assam,
Kahilipara, Guwahati - 781019.
4. The Deputy Commissioner-cum-Chairman of District Level
Committee, Sivasagar District, Assam, PIN - 785640.
5. The Deputy Commissioner, Charaideo District, Assam, PIN
Page No.# 13/35
- 785640.
6. The District Elementary Education Officer, Sivasagar,
Assam.
7. The Deputy Inspector of Schools,
Charaideo, Sonari, Assam - 785690.
........Proforma Respondents
18. Writ Appeal No.125/2024
1. State Of Assam, represented by the Chief Secretary-cum-
Chairman, State Level Committee for Compassionate
Appointment, Dispur, Guwahati - 6.
2. The Commissioner & Secretary to the Government of
Assam, Cooperation Department, Dispur, Guwahati - 6.
3. The Deputy Secretary to the Government of Assam,
Cooperation Department, Dispur, Guwahati - 6.
4. The Registrar, Cooperative Societies, Assam, Khanapara,
Guwahati.
5. The District Deputy Registrar, Cooperative Societies,
Barpeta.
........Appellants
-Versus-
1. Mamidul Hassan,
Son of Late Abdul Barek,
Resident of Village- Dabalia Para, PS: Howly,
PIN - 781316, District: Barpeta,, Assam.
........Respondent/Writ Petitioner
2. The District Level Committee for Compassionate
Appointment, represented by the Chairman, the Deputy
Commissioner, Barpeta, Assam.
........Proforma Respondent
19. Writ Appeal No.126/2024
1. The Secretary to the Government of Assam, Department
of School Education, Dispur, Guwahati - 781006.
Page No.# 14/35
2. The Director of Secondary Education, Assam, Kahilipara,
Guwahati - 19.
3. The Inspector of Schools, Bongaigaon District Circle, P.O.
& District-Bongaigaon, Assam - 783380.
........Appellants
-Versus-
1. Asrful Islam,
Son of Late Abdul Awal,
Resident of Village: Dumuria Pt-I, PS: Abhayapuri, District:
Bongaigaon, Assam, PIN - 783384.
........Respondent/Writ Petitioner
2. The General Administration (B) Department, represented
by the Commissioner & Secretary to the Government of
Assam, Dispur, Guwahati - 781006.
3. The State Level Committee, represented by the Chief
Secretary to the Government of Assam, Dispur, Guwahati -
781006.
4.The District Level Committee, represented by its Chairman-
cum-Deputy Commissioner, Bongaigaon, Assam, PIN -
783380.
........Proforma Respondents
20. Writ Appeal No.130/2024
1. State of Assam, represented by the Chief Secretary to the
Government of Assam, Dispur, Guwahati - 6.
2. The Commissioner & Secretary to the Government of
Assam, Personnel (B) Department, Dispur, Guwahati - 6.
........Appellants
-Versus-
1. Bedabrot Saikia
Son of Late Gunin Saikia,
Resident of Village: Sarulangtha, PO: Dhansiri Sarupathar,
PIN - 785601, District: Golaghat, Assam.
........Respondent/Writ Petitioner
2. The State Level Committee for Compassionate
Page No.# 15/35
Appointment, represented by the Chairman.
3. The Commissioner & Secretary to the Government of
Assam, Panchayat & Rural Development, Dispur, Guwahati -
6.
4. The Commissioner, Department of Panchayat & Rural
Development, Panjabari, Juripar, PO: Sixmile, Khanapara,
Guwahati - 781037.
5. The Commissioner & Secretary to the Government of
Assam, General Administration Department, Dispur, Guwahati
- 6.
6. The District Level Committee for Compassionate
Appointment, represented by the Chairman, the Deputy
Commissioner, Golaghat, Assam, PIN - 785621.
.........Proforma Respondents
21. Writ Appeal No.133/2024
1. State of Assam, represented by the Chief Secretary to the
Government of Assam, Dispur, Guwahati - 6.
2. The Commissioner & Secretary to the Government of
Assam, Personnel (B) Department, Dispur, Guwahati - 6.
........Appellants
-Versus-
1. Dilshad Ahmed Laskar,
Son of Late Akmal Uddin Laskar,
Resident of Satsanga Ashram Road, Silchar, PO & PS: Silchar,
District: Cachar, Assam, Pin - 788007.
........Respondent/Writ Petitioner
2. The State of Assam, represented by the Commissioner &
Secretary to the Government of Assam, Water Resource
Department, Dispur, Guwahati - 6.
3. The State Level Selection Committee for Compassionate
Appointment, represented by the Chief Secretary to the
Government of Assam, Dispur, Guwahati - 6.
4. The District Level Selection Committee for Compassionate
Appointment, represented by the Deputy Commissioner,
Page No.# 16/35
Cachar, Silchar.
5. The Chief Engineer, Water Resource Department,
Chandmari, Guwahati - 3.
6.The Executive Engineer, Silchar Water Resource Division,
Silchar, District - Cachar, PIN - 788001.
........Proforma Respondents
22. Writ Appeal No.146/2024
1. The State of Assam, represented by the Chief Secretary to
the Government of Assam, Dispur, Guwahati - 6.
2. The Commissioner & Secretary to the Government of
Assam, Personnel (B) Department, Dispur, Guwahati- 6.
........Appellants
-Versus-
1.Chuity Baishya,
Daughter of Late Chakreswar Baishya,
Resident of Village: Dhamdhama, PO: Niz Dhamdhama, PS:
Ghagrapar, PIN - 781369, District: Nalbari, Assam.
........Respondent/Writ Petitioner
2. The Commissioner & Secretary to the Government of
Assam, Secondary Education Department, Dispur, Guwahati -
6.
3. The Director of Secondary Education, Assam, Kahilipara,
Guwahati - 19.
4. The Inspector of Schools, Nalbari District Circle, District:
Nalbari, Assam.
5. The District Level Committee (DLC), headed by Deputy
Commissioner, Nalbari, Assam.
6. The State Level Committee for Compassionate
Appointment, represented by the Chairman.
.........Proforma Respondents
23. Writ Appeal No.153/2024
1. The State of Assam, represented by the Chief Secretary to
Page No.# 17/35
the Government of Assam, Dispur, Guwahat - 6.
2. The Commissioner & Secretary to the Government of
Assam, Personnel (B) Department, Dispur, Guwahati.
........Appellants
-Versus-
1. Babul Das,
Son of Late Padma Das,
Resident of Solmara, PO: Jurkota,
PS: Dhemaji, District- Dhemaji, Assam.
........Respondent/Writ Petitioner
2. The Commissioner & Secretary to the Government of
Assam, Irrigation Department, Dispur, Guwahati - 6.
3. The State Level Committee for Compassionate
Appointment, Headed by the Chief Secretary to the
Government of Assam.
4. The Deputy Secretary to the Government of Assam,
Finance Department, Dispur, Guwahati - 6.
5.The Deputy Commissioner, Dhemaji, Dhemaji, Assam.
........Proforma Respondents
24. Writ Appeal No.156/2024
1. The State of Assam , represented by the Chief Secretary
to the Government of Assam, Dispur, Guwahati - 6.
2. The Commissioner & Secretary to the Government of
Assam, Personnel (B) Department, Dispur, Guwahati - 6.
........Appellants
-Versus-
1. Debananda Bharali,
Son of Late Upen Bharali,
Resident of Village: Ghilamara,
District: Dhemaji, Assam.
........Respondent/Writ Petitioner
2. The Chief Secretary to the Government of Assam-cum-
Page No.# 18/35
Chairman, State Level Committee, Dispur, Guwahati - 6.
3. Principal Secretary to the Government of Assam, Irrigation
Department, Dispur, Guwahati - 6.
4. Commissioner & Secretary to the Government of Assam,
Irrigation Department, Dispur, Guwahati.
5. Chief Engineer, Irrigation Department, Chandmari,
Guwahati.
6. Executive Engineer, Irrigation Department, Dhemaji
Division, Dhemaji.
........Proforma Respondents
25. Writ Appeal No.200/2024
1. The State of Assam, represented by the Chief Secretary to
the Government of Assam, Dispur, Guwahati - 781006.
2. The Commissioner & Secretary to the Government of
Assam, Personnel (B) Department, Dispur, Guwahati - 6.
........Appellants
-Versus-
1. Pranjit Sarmah,
Son of Late Ganganath Sarmah,
Resident of Village: Bholaguri,
PO: Bholaguri, District: Lakhimpur, Assam.
........Respondent/Writ Petitioner
2. The Additional Chief Secretary to the Government of
Assam, Personnel (B) Department, Dispur, Guwahati - 6.
3. The Commissioner to the Government of Assam,
Education (Elementary) Department, Dispur, Guwahati - 6.
4. The Director of Elementary Education, Assam, Kahilipara.
5. The Deputy Commissioner-cum-Chairman of District Level
Committee, Lakhimpur.
6. The Deputy Commissioner, Lakhimpur.
7. The District Elementary Education Officer, Lakhimpur,
Assam.
Page No.# 19/35
8. The Deputy Inspector of Schools, Lakhimpur.
........Proforma Respondents
26. Writ Appeal No.224/2024
1. State of Assam, represented by the Chief Secretary to the
Government of Assam, Dispur, Guwahati - 6.
2. The Commissioner & Secretary to the Government of
Assam, Personnel (B) Department, Dispur, Guwahati - 6.
........Appellants
-Versus-
1. Bikram Nath,
Son of Late Gunaram Nath,
Resident of Village: Jatakia Nath Gaon,
PO: Jatakia, PIN - 785666, District: Sivasagar, Assam.
........Respondent/Writ Petitioner
2. The Commissioner & Secretary to the Government of
Assam, Education (Higher) Department, Dispur, Guwahati -
6.
3. The Director of Higher Education, Assam, Kahilipara,
Guwahati - 19.
4. The District Level Committee (DLC), Headed by the
Deputy Commissioner, Sivasagar, Assam, Pin - 785640.
5. The Deputy Commissioner-cum-Chairman,
District Level Committee, District: Sivasagar.
6. The Principal Cum Secretary, Sibsagar College, Joysagar,
PO: Sivasagar, PIN - 785665.
7. The State Level Committee, represented by the Chief
Secretary to the Government of Assam, Dispur, Guwahati - 6.
........Proforma Respondents
27. Writ Appeal No.230/2024
The State of Assam, represented by the Secretary to the
Government of Assam, Department of School Education,
Page No.# 20/35
Dispur, Guwahati - 781006.
........Appellant
-Versus-
1. Debashree Taid ,
Daughter of Late Lakhya Nath Taid,
Resident of Village/Town: North Lakhimpur Town, Ward No.5,
Chetia Gaon, District: Lakhimpur, Assam, PIN - 786001.
........Respondent/Writ Petitioner
2. The Chief Secretary-cum-Chairman, State Level
Committee for Compassionate Appointment to the
Government of Assam, Dispur, Guwahati - 06.
3. The District Level Committee for Appointment on
Compassionate Ground, represented by the Deputy
Commissioner, North Lakhimpur, Assam - 786001.
........Proforma Respondents
28. Writ Appeal No.243/2024
1. State of Assam, represented by the Chief Secretary to the
Government of Assam, Dispur, Guwahati - 6.
2. The Commissioner & Secretary to the Government of
Assam, Personnel (B) Department, Dispur, Guwahati - 6.
........Appellants
-Versus-
1. Shri Keshab Kumar Chetry,
Son of Late Gopal Bahadur Yogi,
Resident of Gosaigaon Hgakhir Chowk, Pachim Boragaon, PO
& PS: Garchuk, PIN - 781035, District: Kamrup (Metro),
Assam.
........Respondent/Writ Petitioner
2. The Commissioner & Secretary to the Government of
Assam, Secondary Education Department, Dispur, Guwahati -
06.
3. The State Level Committee for Compassionate
Appointment, Government of Assam, Dispur, Guwahati - 06,
Assam.
Page No.# 21/35
4. The Director Of Secondary Education, Assam, Kahilipara,
Guwahati - 781019.
5. The District Level Committee (DLC), represented by the
Deputy Commissioner, Kamrup (Metro), Hengrabari,
Guwahati - 36, Assam.
6. The Inspector of Schools, Kamrup District Circle, Panbazar,
Guwahati - 781001, Assam.
........Proforma Respondents
29. Writ Appeal No.244/2024
1. The State of Assam, represented by the Secretary to the
Government of Assam, Department of School Education,
Dispur, Guwahati - 781006.
2. The Director of Secondary Education, Assam, Kahilipara,
Guwahati - 19.
3. The Inspector Of Schools, Nalbari District Circle, PO &
District: Nalbari, Assam, PIN - 781335.
........Appellants
-Versus-
1. Khanin Haloi,
Son of Kandarpa Haloi,
Resident of Village: Jalkhana, PO: Jalkhana, District: Nalbari,
Assam, PIN - 781378.
........Respondent/Writ Petitioner
3. The Deputy Commissioner-cum-Chairman, District Level
Committee, Nalbari, District- Nalbari, Assam, PIN - 781335
2. The State Level Committee, represented by Chief
Secretary to the Government of Assam, Dispur, Guwahati -
781006.
........Proforma Respondents
30. Writ Appeal No.265/2024
1. The State of Assam, represented by the Chief Secretary to
the Government of Assam, Dispur, Guwahati - 6.
2. The Commissioner & Secretary to the Government of
Page No.# 22/35
Assam, Personnel (B) Department, Dispur, Guwahati - 6.
........Appellants
-Versus-
1. Suhel Alom Choudhury,
Son of Late Nasir Uddin Choudhury,
Resident of Village: Rupaibali, PO: Hazarigram Bazar, PS:
Lakhipur, District: Cachar, Assam.
........Respondent/Writ Petitioner
2. The Commissioner & Secretary to the Government of
Assam, Education (Elementary) Department, Dispur,
Guwahati - 6.
3. The Director of Elementary Education, Assam, Kahilipara,
Guwahati - 19.
4. The District Level Committee for Compassionate
Appointment headed by the Deputy Commissioner, Cachar,
PO: Silchar, District: Cachar.
5. The State Level Committee, represented by the Chief
Secretary to the Government of Assam, Dispur, Guwahati - 6.
6. The District Elementary Education Officer, Cachar, PO &
District: Cachar, Assam.
........Proforma Respondents
31. Writ Appeal No.322/2024
1. The State of Assam, represented by the Secretary to the
Government of Assam, Department of School Education,
Dispur, Guwahati - 781006.
2. The Director of Secondary Education, Assam, Kahilipara,
Guwahati - 19.
3. The Inspector of Schools, Dhubri District Circle, PO &
District: Dhubri, PIN - 783324.
........Appellants
-Versus-
1. Saiful Islam,
Son of Late Manjil Ali Sheikh,
Page No.# 23/35
Resident of Village: Kulamuya Choto Nichinpur, PO:
Medortary, District: Dhemaji, Assam, PIN - 783330.
........Respondent/Writ Petitioner
2. The Deputy Commissioner, Dhubri-cum-Chairman of the
District Level Committee, Dhubri, District: Dhubri, Pin -
783324.
3. The State Level Committee, represented by the Chief
Secretary to the Government of Assam-cum-Chairman of
State Level Committee, Dispur, Guwahati - 781006.
4. The District Level Committee, Dhubri, represented by its
Chairman Deputy Commissioner, Dhubri, PO & District:
Dhubri, PIN - 783324.
........Proforma Respondent
32. Writ Appeal No.322/2025
1. The State of Assam, represented by the Secretary to the
Government of Assam, Department of School Education,
Dispur, Guwahati - 781006.
2. The Director of Elementary Education, Assam, Kahilipara,
Guwahati - 19.
........Appellants
-Versus-
1. Kuhima Kuli,
Son of Late Moniram Kuli,
Resident of Kulajan Gaon, PO: Kulajan Tiniali, District:
Dhemaji, Assam, PIN - 787110.
........Respondent/Writ Petitioner
2. The District Level Committee for Appointment on
Compassionate Ground, represented by the Deputy
Commissioner, Dhemaji, Assam, PIN - 787057.
3. The State Level Committee for Appointment on
Compassionate Ground, represented by the Chief Secretary
to the Government of Assam, Dispur, Guwahati - 781006.
........Proforma Respondents
Page No.# 24/35
-B E F O R E -
HON'BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR
HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY
For the Appellants : Mr. D. Saikia, Advocate General, Assam, assisted by Ms. P.
Baruah, Advocate.
: Mr. D. Nath, Senior Government Advocate, Assam.
: Mr. D. Saikia, Advocate General, Assam, assisted by Ms. P.
Baruah, Advocate.
: Mr. N.J. Khataniar, Standing Counsel, Education
Department.
: Ms. A. Das, Standing Cousnel, Education Department.
: Mr. D.K. Sharma, Additional Senior Government Advocate,
Assam.
: Ms. R. Baruah, Advocate.
For the Private Respondents : Mr. D.P. Chaliha, Senior Advocate, assisted by Ms. M. Ray,
Advocate.
: Mr. F.U. Barbhuiya, Advocate.
: Mr. N. Hossain, Advocate.
: Mr. A.M. Barbhuiya, Advocate.
: Mr. J. Ali, Advocate.
: Mr. M. Khan, Advocate.
: Mr. B.K. Gogoi, Advocate.
: Mr. J.I. Borbhuiya, Advocate.
: Ms. A. Devi, Advocate.
: Mr. I.H. Saikia, Advocate.
: Mr. M. Kalita, Advocate.
: Mr. R. Boro, Advocate.
: Mr. K.R. Patgiri, Advocate.
: Mr. A.M. Ahmed, Advocate.
: Mr. A. Barman, Advocate.
For the Proforma Respondents : Mr. D.K. Sharma, Additional Senior Government Advocate,
Assam.
: Mr. N.J. Khataniar, Standing Counsel, Education
Department.
: Ms. A. Das, Standing Counsel, Education Department.
: Ms. R. Barua, Standing Counsel, Education Department.
Dates of Hearing : 11.12.2025 and 12.12.2025.
Date of Judgment : 12.12.2025
Page No.# 25/35
JUDGMENT & ORDER (ORAL)
(Ashutosh Kumar, CJ)
In these set of writ appeals, the State has challenged the
judgment of the learned Single Judge dated 30.01.2023 passed in
analogous writ petitions, the lead case being WP(C) No.1646/2021,
striking down Clause 1 of the Office Memorandum dated 01.06.2015,
which imposed an eligibility cut-off for compassionate appointment,
namely, that the dependants of a deceased Government employee
who died in harness, would not be entitled to compassionate
appointment if the deceased Government employee had less than
3(three) years of service remaining at the time of his death.
2. The offending Clause 1 of the Office Memorandum dated
01.06.2015 is being extracted herein below:-
"(1) Only one dependent family member of a Government servant appointed
on regular basis - excluding one working on daily wage or casual or
apprentice or ad-hoc or contract or re-employment basis - who die in harness
or become incapacitated due to accidents suffered while on duty and is
eligible to opt for invalid pension under relevant provision of Service
Rule/Pension Code and/or who is missing is eligible for making application
for compassionate appointment provided in each case the Government
servant has balance of minimum of 3 years of service."
3. Several writ petitions were filed impugning the Office
Memorandum dated 01.06.2015.
The learned Single Judge, as noted above, declared Clause 1 of
the said Office Memorandum to be unconstitutional for it being violative
of Article 14 of the Constitution of India and directed the authorities to
reconsider the rejected cases afresh.
Page No.# 26/35
4. The State had defended Clause 1 of the Office Memorandum
dated 01.06.2015 as a rational classification intended to prevent fraud
and misuse; the said Office Memorandum being inconformity with the
10(ten) principles enunciated for compassionate appointment in the
case of Achyut Ranjan Das & Ors. -Vs- State of Assam & Ors. :: 2006 (4) GLT
674 and it being in sync with the Office Memorandum dated 16.01.2013
of the Department of Personnel & Training, Government of India, which
too was referred to before framing the Office Memorandum dated
01.06.2015.
It was also contended that compassionate appointment is an
exception to the merit based recruitment under Articles 14 & 16 of the
Constitution of India and is not a vested right but a humanitarian
concession to prevent destitution. The 3(three) year condition is justified
as it compliments family pension benefits. The State also pointed out that
the Office Memorandum dated 01.06.2015 now stands superseded by a
new Scheme vide Office Memorandum No.FEG.28/2017/26 dated
14.09.2017 issued by the Finance Department, which actually replaces
Compassionate Appointments with Compassionate Family Pension
Scheme providing enhanced pension benefits instead.
5. Mr. D. Saikia, learned Advocate General, Assam appearing for
the appellant/State has referred to the judgment of the Supreme Court in
State of West Bengal -Vs- Debabrata Tiwari & Ors.:: (2025) 5 SCC 712 ,
wherein it has been conclusively held that the delay of several years,
whether the delay was occasioned on the part of the applicant in
claiming compassionate appointment; or on the part of the authorities in
Page No.# 27/35
deciding such claims, the sense of immediacy is diluted and lost. The
financial circumstances of the family of the deceased may have
changed in the meantime for the better since the time of the death of
the Government employee. It was held by the Supreme Court, therefore,
that the Courts or other relevant authorities would be required to be
guided by the fact that for such prolonged period of delay, the family of
the deceased was able to sustain themselves, most probably by availing
gainful employment from some other source. Granting compassionate
appointment in such case, would amount to treating a claim of
compassionate appointment as though it were a matter of inheritance
based on a line of succession, which is contrary to the Constitution. Since
the compassionate appointment is not a vested right and the same is
relative to the financial condition and hardship faced by the dependants
of the deceased Government employees as a consequence of his/her
death, a claim for compassionate appointment may not be entertained
after lapse of a considerable period of time since the death of the
Government employee.
In that view of the matter, the learned Advocate General
contends that relegating the cases of the writ petitioners to the
concerned authorities would be a colossal waste of time as 10(ten) years
or more have already elapsed since the death of the deceased
Government employees in the cases of all the writ petitioners.
The issue with respect to correctness of the decision of the
learned Single Judge in striking down Clause 1 of the Office
Memorandum dated 01.06.2015 as unconstitutional has thus become
academic.
Page No.# 28/35
Even if the judgment impugned is allowed to stand, the
concerned State authorities shall be under obligation to consider the
applications of the private respondents on the touch-stone of passage of
time, which the private respondents could tide off and survived the
travails, notwithstanding their eligibility entitlement.
Relegating the respondents to the concerned authorities would
only multiply the litigation, giving false hopes to them.
6. The learned Advocates appearing for the private respondents,
however, have submitted that the judgment in question is highly
sustainable. The learned Single Judge tested the offending Clause in the
Office Memorandum dated 01.06.2015 on the touch-stone of whether
the classification was founded on an intelligible differentia and whether
there was a rational nexus between the differentia and the object sought
to be achieved. The learned Single Judge has rightly relied on D.S.
Nakara & Ors. -Vs- Union of India & Ors. :: (1983) 1 SCC 305 , wherein it was
held that where a class is homogenous and the Scheme in question
creates an artificial division within it without any rational basis, it is liable to
be struck down.
The learned Advocates for the private respondents have also
referred to the judgment of the Supreme Court in Canara Bank -Vs-
Ajithkumar G.K. :: 2025 SCC OnLine 290, wherein the claim of the person
seeking appointment on compassionate ground was determined on the
basis of the Scheme which was applicable at the time of death and it
was held that lapse of time, may be a major factor for denying
compassionate appointment where the claim is lodged belatedly, and a
Page No.# 29/35
presumption can legitimately be drawn in cases of belated claims that
the family of the deceased employee is not in immediate need of
financial assistance. However, what would be a reasonable time would
largely depend on the Policy/Scheme for compassionate appointment
under consideration. If any time limit has been prescribed for making an
application and claimant applies within such period, lapse of time
cannot be assigned as a ground of rejection.
7. The rationale behind Policy of compassionate appointment is to
mitigate the hardship caused due to death of the bread-earner in the
family. The claim for compassionate appointment ought not to be
delayed as it is an emergent provision to redeem the family in distress.
However, appointment on compassionate grounds cannot be deemed
to be a source of recruitment but only a means to enable the family of
the deceased to get over a sudden financial crisis. [Refer to Smti.
Sushma Gosain & Ors. -Vs- Union of India & Ors. :: (1989) 4 SCC 468 ; Umesh
Kumar Nagpal -Vs- State of Haryana & Ors. :: (1994) 4 SCC 138 and State of
Haryana & Anr. -Vs- Ankur Gupta :: (2003) 7 SCC 704 ].
8. However, in Haryana State Electricity Board & Anr. -Vs- Hakim
Singh :: (1997) 8 SCC 85 , the Supreme Court cautioned that it should not
be forgotten that compassionate appointment is to give succour to the
family to tide over the sudden financial crisis that befalls the dependants
on account of untimely demise of the sole earning member but it would
not be justified in directing appointment for claimants on compassionate
grounds after long passage of time since death. Such a direction would
amount to treating the claim of compassionate appointment as an
Page No.# 30/35
inherent right. [Also refer to Jagdish Prasad -Vs- State of Bihar & Anr. ::
(1996) 1 SCC 301; I.G. (Karmik) & Ors. -Vs- Prahalad Mani Tripathi :: (2007) 6
SCC 162; Mumtaz Yunus Mulani -Vs- State of Maharashtra :: (2008) 11 SCC
384 and State of J&K & Ors. -Vs- Sajad Ahmed Mir :: (2006) 5 SCC 766 ].
9. The Supreme Court recently in Debabrata Tiwari (supra), after
analyzing several Supreme Court judgments on the issue, formulated the
principles governing compassionate appointment as follows:-
"32. On consideration of the aforesaid decisions of this Court, the
following principles emerge:
32.1. That a provision for compassionate appointment makes a
departure from the general provisions providing for appointment to a post by
following a particular procedure of recruitment. Since such a provision
enables appointment being made without following the said procedure, it is
in the nature of an exception to the general provisions and must be resorted
to only in order to achieve the stated objectives i.e. to enable the family of
the deceased to get over the sudden financial crisis.
32.2. Appointment on compassionate grounds is not a source of
recruitment. The reason for making such a benevolent scheme by the State
or the public sector undertaking is to see that the dependants of the
deceased are not deprived of the means of livelihood. It only enables the
family of the deceased to get over the sudden financial crisis.
32.3. Compassionate appointment is not a vested right which can be
exercised at any time in future. Compassionate employment cannot be
claimed or offered after a lapse of time and after the crisis is over.
32.4. That compassionate appointment should be provided immediately
to redeem the family in distress. It is improper to keep such a case pending
for years.
32.5. In determining as to whether the family is in financial crisis, all
relevant aspects must be borne in mind including the income of the family,
its liabilities, the terminal benefits if any, received by the family, the age,
dependency and marital status of its members, together with the income
from any other source."
Page No.# 31/35
10. After having formulated the afore-noted principles regarding
compassionate appointment, the Supreme Court in the afore-noted
case of Debabrata Tiwari (supra), while answering the poser whether
applications for compassionate appointment could be considered after
a delay of several years, held as follows:-
"35. ....... we are of the view that, in a case where, for reasons of
prolonged delay, either on the part of the applicant in claiming
compassionate appointment or the authorities in deciding such claim, the
sense of immediacy is diluted and lost. Further, the financial circumstances
of the family of the deceased, may have changed, for the better, since the
time of the death of the government employee. In such circumstances, courts
or other relevant authorities are to be guided by the fact that for such
prolonged period of delay, the family of the deceased was able to sustain
themselves, most probably by availing gainful employment from some other
source. Granting compassionate appointment in such a case, as noted by
this Court in Hakim Singh [Haryana SEB v. Hakim Singh, (1997) 8 SCC 85 :
1998 SCC (L&S) 31] would amount to treating a claim for compassionate
appointment as though it were a matter of inheritance based on a line of
succession which is contrary to the Constitution. Since compassionate
appointment is not a vested right and the same is relative to the financial
condition and hardship faced by the dependants of the deceased
government employee as a consequence of his death, a claim for
compassionate appointment may not be entertained after lapse of a
considerable period of time since the death of the government employee."
11. This judgment further took note of the observations of the
Supreme Court in State of Uttaranchal & Anr. -Vs- Shiv Charan Singh
Bhandari & Ors. :: (2013) 12 SCC 179 that "even if the court or Tribunal
directs for consideration of representations relating to a stale claim or
dead grievance, it does not give rise to a fresh cause of action. The dead
cause of action cannot rise like a phoenix. Similarly, a mere submission of
a representation to the competent authority does not arrest time. "
Page No.# 32/35
12. After having said that, we deem it appropriate to examine the
correctness of the decision of the learned Single Judge in declaring
Clause 1 of the Office Memorandum dated 01.06.2015 to be
unconstitutional.
13. We find that the classification made on the basis of the
remaining service period left for the deceased employee is neither
intelligible nor has any nexus with the differentia sought to be achieved.
14. The respondents constitute a homogenous class of persons,
whose bread-earners have died in harness. They come within exception
laid down in D.S. Nakara (supra). It would be inappropriate for the State
to contend that the purpose of the classification was to avoid fraud or
misuse. Fraud or misuse may occur, irrespective of the length of service
remaining. Limiting the benefits to dependants of the deceased
employees, who have 3(three) years of service remaining, does not
necessarily reduce the risk of fraudulent claims; a would-be fraudster
could equally fabricate or collude in cases where a deceased employee
had long remaining service. There is no logical causal connection
between the duration of remaining service and the likelihood of such
misuse.
15. We find force in the reasoning of the learned Single Judge that
the claim of the State that the Office Memorandum dated 01.06.2015 is
in accordance with the 10(ten) principles enunciated in the case of
Achyut Ranjan Das (supra) and the Office Memorandum dated
16.01.2013 issued by the Department of Personnel & Training,
Page No.# 33/35
Government of India, is factually incorrect. The learned Single Judge did
not find any rationale in the draft note preceding the Office
Memorandum dated 01.06.2015 was approved by the State Cabinet.
16. The absence of any contemporaneous reasoning diminishes any
claim of the State that the choice of 3(three) years was the product of
considered administrative evaluation for it not to be interfered with on
the ground of such administrative policy being within the domain of
executive and the usual restraint of the Courts in treading in such field.
The executive must always conform to Article 14 of the Constitution of
India. Policy classifications must not be arbitrary, irrational or
discriminatory without an intelligible basis. Compassionate appointment
may not be an absolute vested right but it is a benefit conferred by the
employer subject to policy conditions. The non-vested status of
compassionate employment does not immunize arbitrary classifications
from constitutional scrutiny.
17. On these grounds, we find the declaration of Clause 1 of the
Office Memorandum dated 01.06.2015 to be constitutionally invalid by
the learned Single Judge, to be wholly justified.
18. Now the question to be decided is whether it was appropriate for
the learned Single Judge, even while taking cognizance of the
supersession of the Office Memorandum dated 01.06.2015 with Office
Memorandum dated 14.09.2017, replacing Compassionate Appointment
with Compassionate Family Pension and also the passage of long
number of years since the death of the deceased employees in all the
Page No.# 34/35
writ petitions, is justified ?
19. The new Policy of the State vide Office Memorandum dated
14.09.2017 replacing Compassionate Appointment with Compassionate
Family Pension Scheme would be applicable from a cut-off date in the
year 2017, which is not applicable in cases of the respondents. The Policy
of the State, which was prevalent at the time of death of the employees,
would only be applicable to the respondents and in that case, there
would be some justification for sustaining the relegating order by the
learned Single Judge, notwithstanding the passage of more than 10(ten)
years since the deaths.
20. Though we have taken the argument of the learned Advocate
General with some seriousness that the judgment of the Supreme Court in
Debabrata Tiwari (supra) prohibits compassionate appointment after long
passage of time, but in the present set of cases, closing the chapter for
the private respondents would not be appropriate.
21. We thus affirm the relegating order passed by the learned Single
Judge.
22. While making such application before the concerned authorities,
the private respondents, we may caution, must not entertain any false
hopes and the concerned authorities also shall consider the "passage of
time" aspect seriously while assessing the suitability of the private
respondents for compassionate appointment, which would be the most
important factor in recommending the cases of the private respondents
for compassionate appointment, which ultimately may not withstand the
Page No.# 35/35
judicial scrutiny if such recommendation is made after a long lapse of
time since the death of the deceased employees.
23. With the afore-noted observations, we close these appeals with
the hope that the statutory authorities while deciding the cases of the
private respondents shall appropriately apply the law with regard to
compassionate appointment.
24. The appeals stand disposed off accordingly.
JUDGE CHIEF JUSTICE
Mukut bySharma
Sharma Date: 2025.12.12
17:03:32 +05'30'
Comparing Assistant
