Page No.# 1/4 vs The State Of Assam And Ors
2025 Latest Caselaw 810 Gua

Gauhati High Court

Page No.# 1/4 vs The State Of Assam And Ors on 4 June, 2025

Author: Suman Shyam

Bench: Suman Shyam

                                                                    Page No.# 1/4

GAHC010104242025




                                                             2025:GAU-AS:7223

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

                          Case No. : WP(C)/2921/2025

         BHASKARJYOTI SAIKIA
         S/O- LATE MOHANDRA SAIKIA.
         VILL.- KALITA GAON,
         P.O. AND P.S.- GHILAMARA, DIST.- LAKHIMPUR, ASSAM, PIN-787053



         VERSUS

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

         2:THE CHAIRMAN OF STATE LEVEL COMMITTE(SLC)
          FOR APPOINTMENT ON COMPASSIONATE GROUND
          DISPUR
          GUWAHATI-781006

         3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
         ASSAM
          PERSONAL DEPARTMENT
          DISPUR
          GUWAHATI-781006

         4:THE STATE OF ASSAM

         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
         OF ASSAM
         P.W.D. DEPARTMENT
         DISPUR
         GHY-6

         5:THE CHIEF ENGINEER PWD
          BUILDING
                                                                                       Page No.# 2/4

             ASSAM
             CHANDMARI
             GHY-3

             6:THE DISTRICT COMMISSIONER CUM CHAIRMAN
              DISTRICT LEVEL COMMITTE (DLC)
              LAKHIMPUR FOR APPOINTMENT ON COMPASSIONATE GROUND
              NORTH LAKHIMPUR
             ASSAM
              PIN-787001.

             7:THE EXECUTIVE ENGINEER PWD
              BUILDING
              LAKHIMPUR DISTRICT TERRITORIAL BUILDING DIVISION
              NORTH LAKHIMPUR
              P.O. AND DIST.- LAKHIMPUR
             ASSAM
              PIN-78700

Advocate for the Petitioner   : MR. N HOSSAIN, MR N SARMA

Advocate for the Respondent : GA, ASSAM, SC, P W D




                                     BEFORE
                        HONOURABLE MR. JUSTICE SUMAN SHYAM

                                             ORDER

Date : 04/06/2025

Heard Mr. N. Sarma, learned counsel for the writ petitioner. Also heard Mr. A. Chakraborty, learned Government Advocate, Assam, appearing for the State.

The grievance of the petitioner pertains to rejection of his case for consideration for appointment on compassionate ground.

The father of the petitioner, who was serving as a Grade-IV employee under the Assistant Executive Engineer, PWD (Building), Dhemaji, Assam, died in harness on 01/05/2008. After the death of the Government servant, who was the sole bread earner of the family, the petitioner had submitted an application on 04/02/2010 seeking appointment on compassionate ground. Vide resolution adopted in the meeting of the District Level Committee (DLC) held on 01/09/2022, petitioner's case was recommended for appointment on compassionate ground. However, despite the lapse of several years, no decision was taken by the State Level Committee (SLC) in the matter, as a result of which, Page No.# 3/4

the matter remained pending. However, in the wake of the OM dated 18/09/2024 issued by the Government of Assam, imposing a complete ban on appointment on compassionate ground, the petitioner's claim has now been extinguished. Aggrieved thereby, he has approached this Court by filing the instant writ petition inter-alia assailing the OM dated 18/09/2024.

By referring to the recent judgement of a coordinate Bench rendered on 03/04/2025 in WP(C) 342/2025 and the batch of connected writ petitions as well as the subsequent order dated 28/05/2025 passed by this Court in WP(C) No. 2849/2025, Mr. Sarma has submitted that the case of his client deserves to be considered by the SLC in the light of the observations made in the judgement and order dated 03/04/2025.

After going through the judgement and order dated 03/04/2025, I find that although the learned Single Judge has clarified that the observations made therein would not lay down a binding precedent, yet, there are certain directions and observations, which, in the opinion of this Court, would have relevant bearing in the outcome of the present petition.

In the judgement and order dated 03/04/2025, the learned Single Judge has made the following observations in paragraphs 9 & 10, which are reproduced herein below for ready reference :-

"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 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.

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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."

Having regard to the peculiar facts and circumstances of the case and for the ends of justice, I am of the view that the petitioner's case deserves to be considered in the light of the aforementioned observations. As such, this writ petition is being disposed of at the stage of motion hearing by providing that the petitioner's case be considered by the SLC in the light of the observations made in paragraphs 9 & 10 of the judgement and order dated 03/04/2025 and appropriate decision, as may be permissible under the law, be taken in the matter.

Whatever be the outcome of the process, the same be intimated to the petitioner, in writing, without any undue delay.

With the above observations, the writ petition stands disposed of.

JUDGE

Comparing Assistant