Page No.# 1/5 vs The State Of Assam And 5 Ors
2025 Latest Caselaw 4967 Gua

Gauhati High Court

Page No.# 1/5 vs The State Of Assam And 5 Ors on 26 May, 2025

                                                                   Page No.# 1/5

GAHC010104462025




                                                             2025:GAU-AS:6596

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

                          Case No. : WP(C)/2811/2025

         ANAMUL HOQUE CHOUDHURY
         S/O. LATE HABIBUR RAHMAN CHOUDHURY,
         VILL. RONGPUR, P.O. RONGPUR PART-NORTH, P.S. AND DIST.
         HAILAKANDI, ASSAM.



         VERSUS


         THE STATE OF ASSAM AND 5 ORS
         TO BE REP. BY THE COMISSIONER AND SECRETARY TO THE GOVT. OF
         ASSAM, PERSONNEL DEPT., DISPUR, GUWAHATI- 6.

         2:THE COMMISSIONER AND SECRETARY
         TO THE GOVT. OF ASSAM
          DEPT. OF SCHOOL EDUCATION
          DISPUR
          GUWAHATI- 6.

         3:THE STATE LEVEL COMMITTEE (SLC)
          REP. BY CHIEF SECRETARY TO THE GOVT. OF ASSAM
          DISPUR
          GUWAHATI- 6.

         4:THE DISTRICT LEVEL COMMITTEE (DLC)
          HAILAKANDI
          REP. BY ITS CHAIRMAN/ DISTRICT COMMISSIONER
          HAILAKANDI
         ASSAM.

         5:THE PRINCIPAL SECRETARY
         TO THE GOVT. OF ASSAM
          FINANCE DEPT.
                                                                        Page No.# 2/5

             DISPUR
             GUWAHATI-6.

            6:THE DIRECTOR
             OF ELEMENTARY EDUCATION DEPT.
            ASSAM
             KAHILIPARA
             GAUHATI- 19

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

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




                                   BEFORE
                  HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR

                                        ORDER

Date : 26.05.2025

1. Heard Mr. A.M. Barbhuiya, learned counsel for the petitioner. Also heard Ms. D.D. Barman, learned Additional Senior Government Advocate for the respondent Nos. 1, 3 & 4; Ms. N. Phukan, learned standing counsel, Elementary Education Department, for the respondent Nos. 2 & 6 and Mr. A. Chaliha, learned standing counsel, Finance Department, for the respondent No. 5.

2. The father of the petitioner Late Habibur Rahman Choudhury, while serving as an Assistant Teacher in No. 764 Rongpur Tukargram L.P. School, Hailakandi, died in harness on 15.01.2015. The petitioner thereafter made an application praying for appointment on compassionate grounds on 15.02.2015. The case of the petitioner was rejected by the District Level Committee, Hailakandi in its meeting held on 05.10.2021.

3. Being aggrieved, the petitioner approached this Court by filing WP(C) No. 3638/2022, which was disposed of on 03.06.2022 with the following directions:

Page No.# 3/5

"3. The order impugned dated 11.10.2021 of the Deputy Commissioner, Hailakandi reflects that the claim of the petitioner was rejected by the DLC in its meeting of 05.10.2021 inasmuch as the deceased employee died on 15.01.2015 whereas the application was submitted on 22.09.2017 but the statement showing the names of the applicants to be placed before the DLC shows that the petitioner submitted his application on 27.03.2015.

4. In view of the discrepancies between the statement showing the particulars and the reasons as to why the DLC has rejected in its meeting of 05.10.2021, we remand the matter back to the DLC of Hailakandi district to be placed before the next available meeting of DLC for a fresh consideration on the claim of the petitioner as per law.

10. Writ petition stands disposed of in the above terms."

4. Thereafter, the District Level Committee, Hailakandi, in its meeting held on 19.09.2023, considered the case of the petitioner and recommended his case for appointment as an Assistant Teacher in Middle Schools on compassionate grounds subject to verification of income and unemployed certificate from the Circle Officer and verification of the documents with the original ones.

5. 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.

6. 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, Page No.# 4/5

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 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 Page No.# 5/5

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."

7. Ms. D.D. Barman, learned Additional Senior Government Advocate, submits that as the case of the petitioner has already been recommended by the District Level Committee, Hailakandi in its meeting held on 19.09.2023 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 State Level Committee in its next immediate sitting.

8. Accordingly, recording the submissions made by the learned Additional Senior Government Advocate, this writ petition is disposed of directing the State Level Committee to consider the case of the petitioner in terms of the recommendation made by the District Level Committee, Hailakandi on 19.09.2023 and in accordance with law, in its next immediate sitting. However, if the case of the petitioner has already been considered by the State Level Committee, the outcome of such consideration shall also be communicated to the petitioner forthwith.

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

JUDGE

Comparing Assistant