Page No.# 1/3 vs The State Of Assam And 3 Ors
2025 Latest Caselaw 9452 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam And 3 Ors on 15 December, 2025

Author: Nelson Sailo

Bench: Nelson Sailo

                                                                     Page No.# 1/3

GAHC010272932025




                                                              undefined

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

                          Case No. : WP(C)/7143/2025

         LATUMONI BORO AND ANR
         S/O.- LATE BHOLA RAM BORO, VILL. 1 NO. NARUA, P.O. NARUA, P.S.
         MUKALMUA, DIST. NALBARI, ASSAM, PIN - 781126.

         2: KAMAL HALOI
          S/O LATE JYOTISH HALOI
         VILL. AND P.O. CHANDA
          P.S. MUKALMUA
          DIST. NALBARI
         ASSAM
          PIN- 781126

         VERSUS

         THE STATE OF ASSAM AND 3 ORS
         REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM,
         DISPUR, GUWAHATI - 781006.

         2:THE SECRETARY TO THE GOVERNMENT OF ASSAM
          PERSONNEL (B) DEPARTMENT
          DISPUR
          GUWAHATI-781006.

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

         4:THE DISTRICT COMMISSIONER CUM CHAIRMAN OF DISTRICT LEVEL
         COMMITTEE (DLC)
          NALBARI - FOR APPOINTMENTON COMPASSIONATE GROUND
          NALBARI
         ASSAM
          PIN-78133
                                                                               Page No.# 2/3


Advocate for the Petitioner   : MS. S B CHOUDHURY,

Advocate for the Respondent : GA, ASSAM,




                                   BEFORE
                       HONOURABLE MR. JUSTICE NELSON SAILO

                                           ORDER

Date : 15-12-2025

Heard Ms. SB Choudhury, learned counsel for the petitioners, who submits that the petitioners initially filed two separate writ petitions, which were disposed of by this Court with a direction to the respondent authorities to place their case before the State Level Committee (SLC) for consideration in terms of the common Judgment rendered by a co-ordinate Bench of this Court on 03.04.2025 with the lead case being WP(C) 342/2025. She submits

that although such was the direction but in the 13 th Monthly Review Meeting held by the Chief Secretary with the senior most Secretaries on 01.11.2025, it has been observed that the applicability of consideration for compassionate appointment would be limited to the cases pending as on 03.04.2025. Since the petitioners have approached this Court after 03.04.2025, they have the apprehension that their case will not be considered.

Mr. G Pegu, learned Additional Senior Government Advocate appearing for all the respondents, on the other hand, submits that since the case of the petitioners were recommended by the District Level Committee (DLC) concerned and not considered by the SLC as on 03.04.2025 their cases would definitely be considered by the SLC in terms of the direction of this Court. He therefore, Page No.# 3/3

submits that the writ petition is only pre-mature.

On the other hand, the learned counsel for the petitioners apprehends that they will be left out from considering their case for compassionate- appointment. Be that as it may, let notice be issued at this stage, returnable by 4 (four) weeks.

As Mr. G Pegu, learned Additional Senior Government Advocate appears on behalf of all the respondents, no formal notice need be served.

Petitioners to serve requisite extra copies of the writ petition to the learned counsel for the respondents within 2 (two) days.

Pendency of the writ petition shall not be a bar for the respondents to consider the case of the petitioners.

List the matter again after 4 (four) weeks.

JUDGE

Comparing Assistant