Page No.# 1/5 vs The State Of Assam And 5 Ors
2025 Latest Caselaw 384 Gua

Gauhati High Court

Page No.# 1/5 vs The State Of Assam And 5 Ors on 9 May, 2025

                                                               Page No.# 1/5

GAHC010095472025




                                                         2025:GAU-AS:5715

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

                         Case No. : WP(C)/2431/2025

         SRI RAHUL KALITA
         S/O LATE MAHADEB CHANDRA DAS
         VILL-DHARAPUR
         P.O. DHARAPUR (AZARA)
         DIST. KAMRUP (M), ASSAM
         PIN-781017



         VERSUS

         THE STATE OF ASSAM AND 5 ORS.
         REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF
         ASSAM,
         DISPUR,GUWAHATI-781006.

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

         3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
         ASSAM

         PERSONNEL DEPARTMENT
         DISPUR
         GUWAHATI-781006

         4:THE SECRETARY TO THE GOVT.OF ASSAM

          DEPARTMENT OF SCHOOL EDUCATION
          DISPUR
          GUWAHATI-6.
                                                                        Page No.# 2/5

            5:THE DISTRICT ELEMENTARY EDUCATION OFFICER (DEEO)

            KAMRUP (M)
            REHABARI
            P.O. REHABARI
            DIST. KAMRUP (M)
            ASSAM
            PIN-781008

            6:THE DISTRICT COMMISSIONER CUM CHAIRMAN OF DISTRICT LEVEL
            COMMITTEE (DLC)

             KAMRUP (M) FOR APPOINTMENT ON COMPASSIONATE GROUND
             P.O. HENGRABARI
             DIST. KAMRUP (M)
             ASSAM
             PIN-78103

Advocate for the Petitioner   : MR. N HOSSAIN, MR. M MONDAL

Advocate for the Respondent : SC, ELEM. EDU, GA, ASSAM




                                   BEFORE
                  HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR

                                        ORDER

Date : 09.05.2025

Heard Mr. N. Hossain, learned counsel for the petitioner. Also heard Ms. S. Konwar, learned Govt. Advocate for the respondent Nos. 1, 2, 3 and 6 and Ms. N. Phukan, learned standing counsel, Elementary Education Department for the respondent Nos. 4 and 5.

2. The father of the petitioner late Mahadeb Chandra Das, while serving as Assistant Teacher of Mainakhorong M. V. School under the administrative jurisdiction of District Elementary Education Officer, Kamrup (M), died-in-harness on 04.01.2017. Thereafter, the petitioner made an application for appointment on compassionate grounds on 31.01.2017. The District Level Committee in its Page No.# 3/5

meeting held on 10.08.2021 recommended the case of the petitioner for the post of Grade-III (Assistant Teacher). However, the State Level Committee in its meeting held on 22.01.2022 rejected the case of the petitioner on the ground of non-availability of the NCTE norms and that the petitioner does not come under the purview of the Office Memorandum dated 02.06.2017 and his application was also made after 12.04.2017.

3. Being aggrieved, the petitioner approached this Court by way of WP(C)/4116/2024, which was disposed of by an order dated 16.08.2024, setting aside the SLC minutes dated 22.01.2022, in respect of the petitioner. The matter was accordingly remanded back to the SLC to have a reconsideration of the case of the petitioner and thereafter pass appropriate orders.

4. The learned counsel for the petitioner submits that the SLC is yet to consider the case of the petitioner till date.

5. 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 compassionate ground.

6. 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, Page No.# 4/5

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 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.

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11. The writ petitions are accordingly disposed of."

7. The learned Govt. Advocate, Ms. S. Konwar submits that as the petitioner had earlier approached this Court by filing WP(C)/4116/2024, which was disposed of by order dated 16.08.2024, remanding the case of the petitioner back to the SLC for reconsideration and further taking into consideration the order dated 03.04.2025 passed in WP(C)/342/2025 and batch of other writ petitions, the petitioner can now be considered by the SLC in its next immediate sitting.

8. Accordingly, recording the submission made by the learned Govt. Advocate, this writ petition is disposed of directing the SLC to reconsider the case of the petitioner in terms of the recommendation made by the concerned District Level Committee in its meeting held on 10.08.2021 in its next immediate sitting. However, if the case of the petitioner has already been considered, the outcome of such consideration shall also be communicated to the petitioner forthwith.

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

JUDGE

Comparing Assistant