Gauhati High Court
Page No.# 1/5 vs The State Of Assam And 5 Ors on 21 May, 2025
Page No.# 1/5
GAHC010100742025
2025:GAU-AS:6405
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2702/2025
ABINASH MILI
S/O LT. BINANDA MILI, VILL - BORGOHAH COLONY,
P.O. BURABURI THAN, DIST. TINSUKIA, ASSAM, PIN- 786157.
VERSUS
THE STATE OF ASSAM AND 5 ORS
REP. BY THE CHIEF SECRETARY TO THE GOVT. 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 GOVT. OF ASSAM
PERSONNEL DEPT.
DISPUR
GUWAHATI- 781006.
4:THE SECRETARY TOTHE GOVT. OF ASSAM
DEPT. OF SCHOOL EDUCATION
DISPUR
GUWAHATI- 6.
5:THE DIRECTOR OF ELEMENTARY EDUCATION
KAHILIPARA
GUWAHATI- 781019.
6:THE DISTRICT COMMISSIONER -CUM- CHAIRMAN OF DISTRICT LEVEL
COMMITTEE (DLC)
TINSUKIA - FOR APPOINTMENT ON COMPASSIONATE GROUND
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TINSUKIA
ASSAM
PIN 781036
Advocate for the Petitioner : MS. S B CHOUDHURY, MR A N AHMED,T MAZUMDER
Advocate for the Respondent : SR, GA, ASSAM, SC, ELEM. EDU
BEFORE
HON'BLE MR. JUSTICE LANUSUNGKUM JAMIR
O R D E R
21.05.2025
Heard Ms. S.B Choudhury, learned counsel for the petitioner. Also
heard Ms. S. Konwar, learned Government Advocate for the respondent
Nos. 1, 2, 3 & 6 and Mr. G. Pegu, learned Standing Counsel, Elementary
Education Department for the respondent Nos. 4 and 5.
2. The father of the petitioner late Binanda Mili, who was working as an
Assistant Teacher in the Deopani Gohaigaon L.P School in the District of
Tinsukia, died in harness on 03.04.2015. Thereafter, the petitioner made
his application for appointment on compassionate ground within the
prescribed period. The District Level Committee (DLC) of Tinsukia district
in its meeting held on 26.07.2017, recommended the case of the petitioner
for the post of Lower Primary Teacher. It is the case of the petitioner that
the said recommendation of the DLC, Tinsukia dated 26.07.2017 has not
yet been placed before the SLC for its consideration.
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
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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.
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
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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. 11. The writ petitions are accordingly disposed of."
5. Ms. S. Konwar, learned Government Advocate submits that as the
case of the petitioner has been recommended by the DLC of Tinsukia on
26.07.2017 and in view of the order dated 03.04.2025 passed in WP(C)
No.342/2025 and a batch of other writ petitions, the case of the petitioner
can now be considered by the SLC.
6. Recording the submission made by the learned Government
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 DLC,
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Tinsukia on 26.07.2017 and in accordance with law in its next immediate
sitting. However, if the case of the petitioner has already been considered
by the SLC, the outcome of such consideration shall be communicated to
the petitioner.
7. With the above observations and directions, this writ petition is
disposed of.
JUDGE
Comparing Assistant
