Gauhati High Court
Hassan Jahangir Mazumder vs The State Of Assam And Ors on 23 May, 2025
Author: Suman Shyam
Bench: Suman Shyam
Page No.# 1/4
GAHC010106022025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2760/2025
HASSAN JAHANGIR MAZUMDER
S/O LT FOYAZ UDDIN MAZUMDER VILL RANGAUTI PART III PO
RANGAUTI PS AND DIST HAILAKANDI ASSAM
VERSUS
THE STATE OF ASSAM AND ORS
TO THE REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF
ASSAM PERSONNEL DEPTT DISPUR GUWAHATI 6
2:THE COMMISSIONER AND SECRETARY
TO THE GOVT OF ASSAM PHE DEPTT DISPUR GUWAHATI 6
3:THE STATE LEVEL COMMITTEE (SLC)
REP BY THE CHIEF SECRETARY TO THE GOVT OF ASSAM DISPUR
GUWAHATI 6
4:THE DISTRICT LEVEL COMMITTEE (DLC) KARIMGANJ
REP BY ITS CHAIRMAN /DISTRICT COMMISSIONER HAILAKANDI ASSAM
5:THE PRINCIPAL SECRETARY
TO THE GOVT OF ASSAM FINANCE DEPTT DISPUR GUWAHATI 6
6:THE CHIEF ENGINEER
PHE
ASSAM KAHILIPARA GUWHATAI 1
Advocate for the Petitioner : MR. A M BARBHUIYA, MS A BEGUM,MS S R
MAZARBHUIYA,S. M. ZINNA
Advocate for the Respondent : SC, P H E, GA, ASSAM,SC, FINANCE
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BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 23/05/2025
Heard Mr. A.M. Barbhuiya, learned counsel for the writ petitioner. Also heard Mr. R. Dhar,
learned Additional Senior Government Advocate, Assam, appearing for the respondent nos. 1, 2, 3, 4
& 6 and Mr. P. Nayak, learned Additional Advocate General (Fin), Assam, appearing for the respondent
no. 5.
The application of the petitioner for appointment on compassionate ground was recommended
by the District Level Committee (DLC), Sribhumi (erstwhile Karimganj). While the matter was pending
before the State Level Committee (SLC), the Commissioner and Secretary to the Government of
Assam, Personnel Department, had issued the impugned notification dated 18/09/2024, altogether
abolishing the scheme for appointment on compassionate ground, as a result of which, the claim of
the petitioner got prematurely extinguished. As such, the OM dated 18/09/2024 has been put under
challenge in the present writ petition.
By referring to the judgement and order dated 03/04/2025 passed by a Coordinate Bench in
WP(C) 342/2025 and the batch of connected writ petitions, Mr. Barbhuiya submits that in view of the
observations made in paragraphs 9 & 10 of the said judgement, the petitioner's case deserves to be
examined and appropriate decision be taken in respect thereof, by the SLC.
Mr. R. Dhar, learned Additional Senior Government Advocate, Assam and Mr. P. Nayak, learned
Additional Advocate General (Fin), Assam, have also fairly agreed to the said proposition.
By the judgement and order dated 03/04/2025 passed in WP(C) 342/2025, a Coordinate
Bench had disposed of several writ petitions wherein, the same OM dated 18/09/2024 was under
challenge. The operative part of the judgement is contained in paragraphs 9 & 10, which are
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reproduced herein below :-
"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 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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Since there is consensus at the Bar that the petitioner's case will be covered by the aforesaid
judgement and order dated 03/04/2025 passed by this Court, this writ petition is being disposed of at
the stage of motion hearing by providing that the SLC shall consider the case of the writ petitioner in
the light of the observations made in paragraphs 9 and 10 of the judgement and order dated
03/04/2025 and take appropriate decision in the matter, as may be permissible under the law.
Whatever be the outcome of the process, the same be intimated to the petitioner in writing
without any undue delay.
With the above observations, the writ petition stands disposed of.
JUDGE
Comparing Assistant
