Page No.# 1/5 vs The State Of Assam And Ors
2025 Latest Caselaw 495 Gua

Gauhati High Court

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

                                                                 Page No.# 1/5

GAHC010096022025




                                                           2025:GAU-AS:5913

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

                          Case No. : WP(C)/2486/2025

         NAJMUL HOQUE
         S/O LT NURUL HOQUE R/O VILLAGE SUTARKANDI, P.O. SUTARKANDI, P.S.
         AND DISTRICT SRIBHUMI, ASSAM 788712



         VERSUS


         THE STATE OF ASSAM AND ORS
         REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF
         ASSAM, DISPUR, GUWAHATI 6, ASSAM

         2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
         ASSAM
          PERSONNEL DEPARTMENT
          DISPUR
          GUWAHATI
         ASSAM 781006

         3:THE SECRETARY TO THE GOVERNMENT OF ASSAM
          DEPARTMENT OF SCHOOL EDUCATION
          DISPUR
          GUWAHATI
         ASSAM 781006

         4:THE STATE LEVEL COMMITTEE (SLC) FOR APPOINTMENT ON
         COMPASSIONATE GROUND
          REPRESENTED BY ITS CHAIRMAN
          DISPUR
          GUWAHATI
         ASSAM 781006

         5:THE DISTRICT LEVEL COMMITTEE FOR COMPASSIONATE
                                                                         Page No.# 2/5

            APPOINTMENTS
            SRIBHUMI DISTRICT
            REPRESENTED BY ITS CHAIRMAN CUM DISTRICT COMMISSIONER
            SRIBHUMI
            DISTRICT SRIBHUMI 788710

            6:THE DISTRICT ELEMENTARY EDUCATION OFFICER
             SRIBHUMI
             DISTRICT SRIBHUMI
            ASSAM

            7:THE BLOCK ELEMENTARY EDUCATION OFFICER
             SRIBHUMI
             DISTRICT SRIBHUMI
            ASSA

Advocate for the Petitioner   : MR. P D NAIR, MR G ALAM,MR. H ROHMAN,MR S R A NASER

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




                                   BEFORE
                  HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR

                                         ORDER

Date : 14.05.2025

Heard Mr. G. Alam, learned counsel for the petitioner. Also heard Mr. B. Deuri, learned Government Advocate, for the respondent Nos. 1, 2, 4 & 5 and Ms. N. Phukan, learned standing counsel, Elementary Education Department, for the respondent Nos. 3, 6 & 7.

2. The father of the petitioner Late Nurul Hoque, while serving as a Chowkidar in Sutarkandi M.E. School, Sutarkandi in Sribhumi district, died in harness on 29.12.2003. The petitioner, on attaining the age of majority, submitted an application for appointment on compassionate grounds on 22.08.2005. However, as the case of the petitioner was not considered by the concerned DLC, the petitioner approached this Court by filing WP(C) No. 3416/2010 which was Page No.# 3/5

disposed of by an Order dated 16.06.2010 directing the respondents to examine the case of the petitioner in terms of the guidelines formulated in the case of Achyut Ranjan Das Vs. State of Assam and others , reported in 2006 4 GLT 674. However, as the concerned DLC did not consider the case of the petitioner despite the Order dated 16.06.2010 passed by this Court in WP(C) No. 3416/2010, he approached this Court again by filing another writ petition which was registered as WP(C) No. 7762/2022. During the pendency of the said writ petition, the District Level Committee, Karimganj (now Sribhumi) in its meeting held on 26.06.2023 recommended the case of the petitioner for appointment in a Grade-IV (MTS) post. In view of the recommendation made by the DLC, WP(C) No. 7762/2022 was closed on 04.12.2023.

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 Page No.# 4/5

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 Page No.# 5/5

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. 3416/2010 and WP(C) No. 7762/2022 and further, as the concerned DLC has already recommended the case of the petitioner for appointment to a Grade-IV (MTS) post and also in view of the Order dated 03.04.2025 passed in WP(C) No. 342/2025 and in a batch of other writ petitions, the case of the petitioner can now be considered by the SLC in its next immediate sitting.

6. Accordingly, recording the submissions 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 District Level Committee, Karimganj (now Sribhumi) in its meeting held on 26.06.2023 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 forthwith.

7. With the above observations and directions, this writ petition is disposed of.

JUDGE

Comparing Assistant