Gauhati High Court
Page No.# 1/5 vs The State Of Assam And 3 Ors on 21 May, 2025
Page No.# 1/5
GAHC010097922025
2025:GAU-AS:6404
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2684/2025
KAMAL HALOI
S/O LATE JYOTISH CH. HALOI
R/O VILL- CHANDA
P.O.AND P.S. MUKALMUA
DIST. NALBARI, ASSAM
PIN- 781138
VERSUS
THE STATE OF ASSAM AND 3 ORS.
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM,
DEPARTMENT OF SCHOOL EDUCATION (ELEMENTARY), DISPUR,
GUWAHATI-781006
2:THE STATE LEVEL COMMITTEE 9SLC)
REPRESENTED BY THE CHIEF SECRETARY-CUM- CHAIRMAN
STATE LEVEL COMMITTEE FOR APPOINTMENT ON COMPASSIONATE
GROUND
DISPUR
GUWAHATI-781006
3:THE DISTRICT LEVEL COMMITTEE (DLC)
REPRESENTED BY THE DISTRICT COMMISSIONER
NALBARI
ASSAM
PIN-781335.
4:THE DISTRICT ELEMENTRY EDUCATION OFFICER (DEEO)
NALBARI
ASSAM
PIN-781335
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Advocate for the Petitioner : MR. S U AHMED, MR A HAWARI
Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU
BEFORE
HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR
ORDER
Date : 21.05.2025
1. Heard Mr. S.U. Ahmed, learned counsel for the petitioner. Also heard Ms. S.
Chutia, learned standing counsel, Elementary Education Department, for the
respondent Nos. 1 & 4 and Ms. S. Konwar, learned Government Advocate, for
the respondent Nos. 2 & 3.
2. The father of the petitioner Late Jyotish Ch. Haloi while serving as a Grade-
IV employee in the Office of the Block Elementary Education Officer, Barkhetri in
the District of Nalbari, Assam, died in harness on 15.04.2006. Thereafter, the
petitioner made an application for appointment on compassionate grounds on
08.05.2006. As the case of the petitioner was not considered by the concerned
District Level Committee (DLC), he approached this Court by filing WP(C) No.
3214/2006, which was disposed of on 26.11.2007 directing the concerned DLC
to consider the case of the petitioner.
3. The District Level Committee, Nalbari in its meeting held on 13.07.2012
recommended the case of the petitioner along with 33 others for placing the
same before the State Level Committee. However, as the State Level Committee
did not consider the case of the petitioner, he approached this Court again by
filing WP(C) No. 4648/2023, which was disposed on 21.08.2023 directing the
State Level Committee to consider the case of the petitioner for appointment on
compassionate grounds in accordance with law, in its next immediate sitting.
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4. 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.
5. 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
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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.
11. The writ petitions are accordingly disposed of."
6. Ms. S. Konwar, learned Government Advocate, submits that as the case of
the petitioner has already been recommended by the District Level Committee,
Nalbari in its meeting held on 13.07.2012 and further, in view of the Order dated
03.04.2025 passed in WP(C) No. 342/2025 and in a batch of other writ
petitions, the case of the petitioner can now be considered by the State Level
Committee in its next immediate sitting.
7. Accordingly, recording the submissions made by the learned Government
Advocate, this writ petition is disposed of directing the State Level Committee to
consider the case of the petitioner in terms of the recommendation made by the
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District Level Committee, Nalbari on 13.07.2012 and in accordance with law, in
its next immediate sitting. However, if the case of the petitioner has already
been considered by the State Level Committee, the outcome of such
consideration shall also be communicated to the petitioner forthwith.
8. With the above observations and directions, this writ petition is disposed of.
JUDGE
Comparing Assistant
