Page No.# 1/5 vs The State Of Assam And 4 Ors
2025 Latest Caselaw 494 Gua

Gauhati High Court

Page No.# 1/5 vs The State Of Assam And 4 Ors on 14 May, 2025

                                                                   Page No.# 1/5

GAHC010089262025




                                                             2025:GAU-AS:5911

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

                          Case No. : WP(C)/2362/2025

         ROWSANA YEASMIN LASKAR
         D/O- LATE BADRUN NESSA LASKAR (MOTHER) AND HIFJUR RAHMAN
         LASKAR (FATHER), VILL.- BOALIPAR, P.O. BOALIPAR BAZAR, P.S. AND
         DIST. HAILAKANDI, ASSAM



         VERSUS



         THE STATE OF ASSAM AND 4 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 COMMITTEE
          REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM
          DISPUR
          GUWAHATI-6.

         4:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
          FINANCE DEPARTMENT
          DISPUR
          GUWAHATI-6.

         5:THE DIRECTOR OF ELEMENTARY EDUCATION DEPARTMENT
         ASSAM
          KAHILIPARA
                                                                        Page No.# 2/5

             GAUHATI-19



Advocate for the Petitioner   : MR. A M BARBHUIYA, MS S R MAZARBHUIYA,MS A
BEGUM,S. M. ZINNA

Advocate for the Respondent : GA, ASSAM, SC, FINANCE,SC, ELEM. EDU




                                   BEFORE
                  HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR

                                        ORDER

Date : 14.05.2025

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 & 5; Mr. B. Deuri, learned Government Advocate, for the respondent Nos. 2 & 3 and Ms. R.M. Baruah, learned standing counsel, Finance Department, for the respondent No. 4.

2. The mother of the petitioner Late Badrul Nessa Laskar died in harness on 26.01.2009 while serving as Assistant Teacher (Hindi) in Choudhury Para M.E. Madrassa in Hailakandi district, Assam. The petitioner, thereafter, made an application for appointment on compassionate grounds on 24.03.2009. However, as the case of the petitioner was not considered by the concerned DLC, she approached this Court by filing WP(C) No. 5028/2024, which was disposed of on 27.09.2024 directing the respondents to place the case of the petitioner before the next immediate sitting of the concerned DLC. It was also directed that if the DLC has already considered the case of the petitioner, the outcome of such consideration shall be communicated to the petitioner forthwith.

3. In the meantime, the Personnel (B) Department, Government of Assam, Page No.# 3/5

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 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 Page No.# 4/5

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 as the petitioner had earlier approached this Court by filing WP(C) No. 5028/2024 and taking into consideration the Order dated 03.04.2025 passed by this Court in WP(C) No. 342/2025 and a batch of other writ petitions, the case of the petitioner can now be considered by the concerned DLC in its next immediate sitting.

6. Accordingly, 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 sitting. However, if the case of the petitioner has already been considered, the outcome of such Page No.# 5/5

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