Gauhati High Court
Kamrul Hussain Laskar vs The State Of Assam And Others on 4 June, 2025
Author: Soumitra Saikia
Bench: Soumitra Saikia
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GAHC010106352025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2858/2025
KAMRUL HUSSAIN LASKAR
S/O LATE ABDUL HAQUE LASKAR, R/O VILL- NIMAICHANDPUR PART-II,
P.O. NIMAICHANDPUR, P.S. LALA, DIST-HAILAKANDI, ASSAM
VERSUS
THE STATE OF ASSAM AND OTHERS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT
OF ASSAM, PUBLIC HEALTH ENGINEERING DEPARTMENT, DISPUR,
GUWAHATI-6
2:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
PERSONNEL DEPARTMENT
DISPUR
GUWAHATI-6
3:STATE LEVEL COMMITTEE
REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT OF ASSAM
DISPUR
GUWAHATI-6
4:THE CHIEF ENGINEER
PHE
ASSAM
HENGRABARI
GUWAHATI-36
5:THE DISTRICT LEVEL COMMITTEE
HAILAKANDI (FOR COMPASSIONATE APPOINTMENT)
REPRESENTED BY ITS CHAIRMAN/DISTRICT COMMISSIONER
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HAILAKANDI
P.O. P.S. AND DIST- HAILAKANDI
ASSAM
6:THE EXECUTIVE ENGINEER
PUBLIC HEALTH ENGINEERING DIVISION
HAILAKANDI
P.O. P.S. AND DIST- HAILAKANDI
ASSAM
PIN-78815
Advocate for the Petitioner : MR. R A MAZUMDER, TARIQUE AZIZ,MR. R A
CHOUDHURY,MR. R A MAZUMDER
Advocate for the Respondent : GA, ASSAM, SC, P H E
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
04.06.2025
Heard Mr. R.A Mazumdar, learned counsel for the writ petitioner. Also
heard Mr. D Borah, learned Junior Government Advocate for the State.
2. The application of the petitioner for appointment on compassionate
ground was recommended by the District Level Committee (DLC),
Hailakandi. While the matter was pending before the State Level
Committee (SLC), the Commissioner and Secretary to the Government of
Assam, Personnel Department, had issued the impugned notification dated
18/09/2024, altogether abolishing the scheme for appointment on
compassionate ground, as a result of which, the claim of the petitioner got
prematurely extinguished. As such, the OM dated 18/09/2024 has been
put under challenge in the present writ petition.
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3. By referring to the judgment and order dated 03/04/2025 passed by
a Coordinate Bench in WP(C) 342/2025 and the batch of connected writ
petitions, the learned counsel for the petitioner submits that in view of the
observations made in paragraphs 9 & 10 of the said judgment, the
petitioner's case deserves to be examined and appropriate decision be
taken in respect thereof, by the SLC.
4. The learned Jr. Government has also fairly agreed to the said
proposition.
5. By the said judgment and order dated 03/04/2025 passed in WP(C)
342/2025, a Coordinate Bench had disposed of several writ petitions
wherein, the same OM dated 18/09/2024 was under challenge. The
operative part of the judgment is contained in paragraphs 9 & 10, which
are reproduced herein below :-
"9. In view of the consent of the learned counsels for the parties, all the writ petitions
that are pending as on today, i.e., 03.04.2025, in the Gauhati High Court, which
have put to challenge the impugned OM dated 18.09.2024, are to be decided as
follows:-
(i) All the applications for compassionate appointment submitted by the petitioners
shall be considered and disposed of by the concerned DLC/SLC on merit, by
taking into consideration the various guidelines prior to 01.04.2017, laid down
by the State Government for compassionate appointment and the judgments of
the Hon'ble Supreme Court and the High Court. Consequently, the rejection of
all compassionate appointments by the DLC/SLC, which have been put to
challenge and are pending in the Gauhati High Court as on 03.04.2025, are set
aside.
(ii) The entire process for considering the various applications for compassionate
appointment and the decision to be taken in each case by the concerned
authorities, should be completed within a period of six months from the date
of receipt of a certified copy of this order by the concerned District
Commissioner, who is also the Chairman of the DLC, if the matter pertains to
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the DLC. In other cases, the Chief Secretary to the Government of Assam, who
is the Chairman of the SLC, if the matter pertains the SLC.
10. It is made clear that in view of the consent of the parties, this Court has not
gone into the merits of any of the petitioners' cases that are being disposed of by way of
this order and as such, the applications for compassionate appointment should be
disposed of by the concerned authorities on merit, as they deem it fit and proper. The
decision/s to be taken by the concerned authorities should be based on reasons and the
decision taken should be communicated to the petitioners thereafter. It is also directed
that while deciding the applications for compassionate appointment, the respondents
cannot take recourse to the impugned OM dated 18.09.2024, though the judgment
provided therein, i.e., the case of Debabrata Tiwari (supra), can be considered/applied by
the concerned authorities. It is again made clear that this order cannot be used as a
precedent for cases that are filed on 04.04.2025 and thereafter. It shall only apply to
cases that are pending before this Court as on 03.04.2025."
6. Since there is consensus at the Bar that the petitioner's case will be
covered by the aforesaid judgment and order dated 03/04/2025 passed by
this Court, this writ petition is being disposed of at the stage of motion
hearing by providing that the SLC shall consider the case of the writ
petitioner in the light of the observations made in paragraphs 9 and 10 of
the judgment and order dated 03/04/2025 and take appropriate decision
in the matter, as may be permissible under the law.
7. Whatever be the outcome of the process, the same be intimated to
the petitioner in writing without any undue delay.
8. With the above observations, the writ petition stands disposed of.
JUDGE
Comparing Assistant
