Gauhati High Court

Nazrul Islam Barbhuiya vs The State Of Assam And Ors on 9 May, 2025

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GAHC010088242025




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

                                 Case No. : WP(C)/2412/2025

            NAZRUL ISLAM BARBHUIYA
            S/O- LATE ABDUL GOFUR BARBHUIYA, VILL- APPIN PART II, PO- APPIN, PS
            LALA, DIST- HAILAKANDI, ASSAM



            VERSUS

            THE STATE OF ASSAM AND ORS
            REP BY COMM AND SECY TO THE GOVT OF ASSAM, DEPTT OF PUBLIC
            HEALTH ENGINEERING, ASSAM, DISPUR, GHY- 06

            2:THE COMMISSIONER AND SECRETARY
            TO THE GOVT FO ASSAM PERSONNEL (B) DEPTT DISPUR GUWAHATI 6

            3:THE CHIEF ENGINEER
             PHE ASSAM
             HENGRABARI GUWAHATI 6

            4:THE DISTRICT COMMISSIONER
             HAILAKANDI CUM CHARIMAN DISTRICT LEVEL COMMITTEE
             FOR COMPASSIONATE APPOINTMENT DIST HAILAKANDI ASSAM

            5:THE EXECUTIVE ENGNEER
             PHE
             HAILAKANDI DIVISION HAILAKAND

Advocate for the Petitioner   : MR. K MIRA, MR. H A TALUKDAR

Advocate for the Respondent : GA, ASSAM, SC, P H E




                                         BEFORE
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                           HONOURABLE MR. JUSTICE KARDAK ETE

                                                 ORDER

Date : 09.05.2025

Heard Mr. A.K. Hannan, learned counsel for the petitioner.

This is the second round of litigation claiming appointment on compassionate ground on account of the death of the father of the petitioner, who died-in-harness on 14.06.2011. This Court in WP(C) 5754/2011 by an order dated 18.11.2011 has directed the respondent authorities to consider the case of the petitioner in the earlier round of proceedings.

It is the case of the petitioner that the claim for compassionate appointment was rejected by the District Level Committee on the ground of not approaching within two years as well as non-availability of vacancy.

It is the further case of the petitioner that while the petitioner was contemplating to challenge the rejection by the DLC, the Office Memorandum dated 18.09.2024 was issued by the State authorities, whereby, it is decided that no cases for appointment on compassionate ground to the family member of State Government employees who died-in-harness or retire 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 SICs/DICs for recommendation of candidates for appointment on compassionate ground.

Learned counsel for the petitioner submits that the OM dated 18.09.2024 was put to challenge by some other persons. This Court in a series of writ petitions vide order dated 03.04.2025, directed the respondent authorities to consider and decide the applications for compassionate appointment without taking recourse to the OM dated 18.09.2024, though the judgment of Hon'ble Supreme Court of India in State of West Bengal -vs- Debabrata Tiwari can be considered/applied by the authorities.

Issue notice, returnable by 4 (four) weeks.

Since Mr. I. Borthakur, learned standing counsel, PHE has entered appearance and accepted notice on behalf of respondent No.1, 3 & 5 and Mr. R. Dhar, learned counsel appears for the respondents No. 2 and 4, no formal notice is required to be issued to the said respondents.

However, requisite extra copies be furnished to the learned counsel for the Page No.# 3/3

respondents within 7 (seven) days from today.

List after 4 (four) weeks.

JUDGE

Comparing Assistant