Gauhati High Court
Page No.# 1/5 vs The State Of Assam And 5 Ors on 23 May, 2025
Page No.# 1/5
GAHC010109262025
2025:GAU-AS:6538
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2790/2025
SAMINA BEGOM CHOUDHURY
D/O LATE ABDUL JALIL CHOUDHURY, VILL- BOALIPAR PART-I, P.O.-
BOALIPAR BAZAR, DIST- HAILAKANDI, ASSAM
VERSUS
THE STATE OF ASSAM AND 5 ORS.
TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVT. OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, DISPUR,
GUWAHATI-6
2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
PERSONNEL DEPARTMENT
DISPUR
GUWAHATI-6
3:THE STATE LEVEL COMMTTEE (SLC)
REPRESENTED BY CHIEF SECRETARY TO THE GOVT. OF ASSAM
DISPUR
GUWAHATI-6
4:THE DISTRICT LEVEL COMMITTEE (DLC)
HAILAKANDI
REPRESENTED BY ITS CHAIRMAN/DISTRICT COMMISSIONER
HAILAKANDI
ASSAM
5:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI-6
6:THE DIRECTOR OF ELEMENTARY EDUCATION DEPARTMENT
ASSAM
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KAHILIPARA
GUWAHATI-1
Advocate for the Petitioner : MR. A M BARBHUIYA, S. M. ZINNA,MS A BEGUM,MS S R
MAZARBHUIYA
Advocate for the Respondent : SC, ELEM. EDU, SC, FINANCE,GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR
ORDER
Date : 23.05.2025
Heard Mr. A. M. Barbhuiya, learned counsel for the petitioner. Also heard
Ms. S. Chutia, learned Standing Counsel, Elementary Education Department, for
the respondent Nos. 1 & 6; Mr. B. Deuri, learned Government Advocate, for the
respondent Nos. 2, 3 & 4 and Ms. R. M. Baruah, learned Standing Counsel,
Finance Department, for the respondent No. 5.
2. The father of the petitioner "Late Abdul Jalil Choudhury", while serving as
a Hindi Teacher in the T. Baruah M. V. School, Hailakandi District, died-in-
harness on 19.08.2000. Thereafter, the mother of the petitioner made an
application for appointment on compassionate grounds on 13.09.2000 inasmuch
as at that relevant point of time the petitioner was a minor. After attaining
majority, the petitioner submitted another application for compassionate
grounds on 03.02.2017. It is also stated that after the application made by the
petitioner, the mother of the petitioner has forgone her claim for compassionate
appointment. However, as the case of the petitioner was not placed before the
concerned DLC, the petitioner approached this Court by filing WP(C)/6115/2023
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which was disposed of by Order dated 16.10.2023 directing the District
Elementary Education Officer, Hailakandi to place the application of the
petitioner for appointment on compassionate grounds before the next available
District Level Committee.
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 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
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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.
11. The writ petitions are accordingly disposed of."
5. Mr. B. Deuri, learned Government Advocate, submits that in view of the
Order dated 03.04.2025 passed by this Court in WP(C) No. 342/2025 along with
a batch of other writ petitions, the case of the petitioner can now be considered
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by the concerened DLC.
6. Recording the submission made by the learned Government Advocate, this
writ petition is disposed of directing the DLC, Hailakandi to consider the case of
the petitioner in accordance with law in its next immediate sitting. However, if
the case of the petitioner has already been considered by the concerned DLC, 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
