Page No.# 1/5 vs The State Of Assam And Ors
2025 Latest Caselaw 493 Gua

Gauhati High Court

Page No.# 1/5 vs The State Of Assam And Ors on 14 May, 2025

                                                                     Page No.# 1/5

GAHC010097732025




                                                               2025:GAU-AS:5892

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

                                 Case No. : WP(C)/2507/2025

            BIKASH BORUAH
            S/O LT HEMUDHOR BORUAH R/O NATUN NAGAR WARD NO 5 PO AND PS
            DHEMAJI DIST DHEMAJI PIN 787057 ASSAM

            VERSUS

            THE STATE OF ASSAM AND ORS
            REP BY THE SECRETARY TO THE GOVT OF ASSAM SCHOOL EDUCATION
            ELEMENTARY DEPTT ASSAM DISPUR GUWAHATI 6

            2:THE DIRECTOR OF ELEMENTARY EDUCATION
            ASSAM
             KAHILIPARA GHY 19

            3:THE COMMISSIONER AND SECRETARY
            TO T HE GOVT OF ASSAM PERSONNEL (B) DEPTT DISPUR GUWAHATI 6

            4:THE DISTRICT ELEMENTARY EDUCATION OFFICER
             LAKHIMPUR
             NORTH LAKHIMPUR PIN 787001

            5:THE DISTRICT COMMISSIONER CUM CHAIRMAN OF DISTRICT LEVEL
            COMMITTEE FOR COMPASSONATE APPOINTMENT
             LAKHIMPUR ASSAM 78700

Advocate for the Petitioner   : MR. M K NEOG, MR. S K SINGHA

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

                                          ORDER

Date : 14.05.2025

Heard Mr. S. K. Singha, learned counsel for the petitioner. Also heard Ms. S. Konwar, learned Standing Counsel, Elementary Education Department, for the respondent Nos. 1, 2 & 4 and Mr. B. Deuri, learned Government Advocate, for the respondent Nos. 3 & 5.

2. The father of the petitioner "Late Hemudhar Boruah", while serving as Assistant Teacher at Uttar Dhakuakhana M. E. School, Dhakuakhana, died-in- harness on 31.12.2010. The petitioner, thereafter submitted his application on 21.02.2011 praying for appointment on compassionate grounds. However, as the case of the petitioner was not considered by the DLC, the petitioner approached this Court by filing WP(C) No. 2794/2023 which was disposed of by an Order dated 12.12.2023 with the following directions:-

"5. In view of the said position, this writ petition is disposed of with the direction to the District Elementary Education Officer (DEEO), Lakhimpur to place the application already submitted by the petitioner before the DLSC within a period of 15 (fifteen) days from the date of receipt of a certified copy of this order. The respondent jurisdictional District Level Scrutiny Committee for compassionate appointment shall, on receipt of such application of the petitioner from the DEEO, give its due consideration and on examination of the application in the light of the guidelines, come to a conclusion with regard to the claim of the petitioner. It is reiterated that the application of the petitioner shall not be rejected on the ground that the period of two years have already lapsed. It is expected that the DLSC shall consider the proposal in the manner it is required to do so and come to a conclusion thereon. The conclusion so Page No.# 3/5

arrived at shall be communicated to the petitioner in writing within a period of 10 (ten) days thereof. Further processing of the application of the petitioner for appointment on compassionate ground shall be so done basing on the decision that may be arrived at in the matter by the DLSC.

6. With the above observations, this writ petition stands disposed of.

No order as to costs."

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 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 Page No.# 4/5

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."

5. Mr. B. Deuri, learned Government Advocate, submits that as the petitioner had earlier approached this Court by WP(C)/2794/2023 and also taking into consideration of the Order dated 03.04.2025 passed by this Court in WP(C)/342/2025 and a batch of other writ petitions, the case of the petitioner can now be considered by the DLC.

6. Recording the submissions made by the learned Government Advocate, this writ petition is disposed of directing the concerned DLC to consider the case of the petitioner in its next immediate setting. However, if the case of the petitioner has already 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 is disposed of.

JUDGE

Comparing Assistant