Page No.# 1/4 vs The State Of Assam And Ors
2025 Latest Caselaw 125 Gua

Gauhati High Court

Page No.# 1/4 vs The State Of Assam And Ors on 2 May, 2025

                                                                    Page No.# 1/4

GAHC010085512025




                                                              2025:GAU-AS:5375

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

                                 Case No. : WP(C)/2269/2025

            NAYAN JEET SARMAH
            S/O LT RAJYABALA DEVI R/O BEHARBARI PO BASISTHA DIST KAMRUP
            METRO ASSAM PIN 781029



            VERSUS

            THE STATE OF ASSAM AND ORS
            REP BY CHIEF SECRETARY TO THE GOVT OF ASSAM DISPUR GUWAHATI 6

            2:THE CHAIRMAN OF STATE LEVEL COMMITTEE (SLC)_
             FOR APPOINTMENT ON COMPASSIONATE GROUND DISPUR GUWAHATI 6

            3:THE COMMISSIONER AND SECRETARY
            TO THE GOVT OF ASSAM PERSONNEL DEPTT DISPUR GUWAHATI 6

            4:THE SECRETARY
             DEPTT OF SCHOOL EDUCATION DISPUR GUWAHATI 6

            5:THE DISTRICT ELEMENTARY EDUCATION OFFICER (DEEO) KAMRUP
            METRO
             REHABARI PO REHABARI DIST KAMRUP METRO ASSAM PIN 781008

            6:THE DISTRICT COMMISSIONER CUM CHAIRMAN OF DISTRICT LEVEL
            COMMITTEE (DLC) KAMRUP METRO
             FOR APPOINTMENT ON COMPASSIONATE GROUND PO HENGRABARI
            DIST KAMRUP METRO ASSAM PIN 78103

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

Advocate for the Respondent : SC, ELEM. EDU, GA, ASSAM
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                                BEFORE
               HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR

                                    ORDER

Date : 02.05.2025

Heard Mr. N. Sarma, learned counsel for the petitioner. Also heard Ms. D. D. Barman, learned Addl. Senior Govt. Advocate for the respondent Nos. 1, 2, 3 and 6 and Mr. P. K. Bora, learned standing counsel, Elementary Education Department for the respondent Nos. 4 and 5.

2. The mother of the petitioner, namely, Rajyabala Devi while serving as Assistant Teacher in Sijubari L. P. School died-in-harness on 04.08.2006. Thereafter, the petitioner made an application for appointment on compassionate grounds. The case of the petitioner was considered by the District Level Committee, Kamrup Metropolitan District on 09.08.2023 and the case of the petitioner was recommended for Grade-III (Assistant Teacher) post. It is the case of the petitioner that despite the recommendation made by the concerned DLC on 09.08.2023, the SLC is yet to consider the case of the petitioner.

3. In the meantime the Personnel (B) Department, Government of Assam, issued an Office Memorandum on 18.09.2024, wherein it is stated that no cases for appointment on compassionate ground to the family member of State Government employees who died-in-harness or retired prematurely on being declared permanently incapacitated for service or missing and whose whereabouts is not known prior to 31.03.2017, shall be entertained by any Administrative Department/Authority for any reason whatsoever nor be placed before the SLCs/DLCs for recommendation of candidates for appointment on Page No.# 3/4

compassionate ground.

4. The said Office Memorandum dated 18.09.2024, was challenged in a number of writ petitions and the leading case was WP(C) No. 342 of 2025. This batch of writ petitions were disposed of by an Order dated 03.04.2025, wherein, the operative portion reads as under:

" 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.

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 Page No.# 4/4

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.

11. The writ petitions are accordingly disposed of."

5. The learned Addl. Senior Govt. Advocate, Ms. D. D. Barman submits that in view of the order dated 03.04.2025, passed in WP(C)/342/2025 and batch of other writ petitions, the case of the petitioner can now be considered by the SLC in its next immediate sitting.

6. Accordingly, recording the submission made by the learned Addl. Senior Govt. Advocate, this writ petition is disposed of directing the SLC to consider the case of the petitioner in terms of the recommendation made by the District Level Committee in its meeting held on 09.08.2023, in its next immediate sitting, if not already considered. In the event, the case of the petitioner has been considered, the outcome of such consideration shall also be communicated to the petitioner forthwith.

7. With the above observations and directions, this writ petition stands disposed of.

JUDGE

Comparing Assistant