Gauhati High Court
Page No.# 1/5 vs The State Of Assam And 5 Ors on 26 May, 2025
Page No.# 1/5
GAHC010105352025
2025:GAU-AS:6645
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2814/2025
GOURAB DAS
S/O LATE GOPIKA RANJAN DAS
VILL- RAJYESWARPUR, P.O. RAJYESWARPUR PART-II,
P.S. LALA
DIST. HAILAKANDI, ASSAM
VERSUS
THE STATE OF ASSAM AND 5 ORS.
S/O LATE GOPIKA RANJAN DAS
VILL- RAJYESWARPUR
P.O. RAJYESWARPUR PART-II, P.S. LALA
DIST. HAILAKANDI, ASSAM
2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
DEPARTMENT OF SCHOOL EDUCATION
DISPUR
GUWAHATI-6
3:THE STATE LEVEL COMMITTEE (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
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DISPUR
GUWAHATI-6.
6:THE DIRECTOR OF ELEMENTARY EDUCATION DEPARTMENT
ASSAM
KAHILIPARA
GUWAHATI-19
Advocate for the Petitioner : MR. A M BARBHUIYA, MS S R MAZARBHUIYA,MS A BEGUM
Advocate for the Respondent : SC, ELEM. EDU, SC, FINANCE,GA, ASSAM
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. S. Chutia, 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 Gopika Ranjan Das, while serving as an
Assistant Teacher in Rowerpar M.E. School, Hailakandi, died in harness on
18.07.2008. The petitioner thereafter made an application praying for
appointment on compassionate grounds on 17.02.2009. However, as the case of
the petitioner was not placed before the concerned DLC, the petitioner
approached this Court by filing WP(C) No. 4197/2015, which was disposed of on
19.08.2015 directing the District Elementary Education Officer, Hailakandi to
place the application of the petitioner before the next DLC meeting for
consideration for appointment of compassionate grounds in terms of the
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decision of this Court in the case of Achyut Ranjan Das & others Vs. State
of Assam and others, reported in 2006 (4) GLT 674 and Fazirun Nessa &
others Vs. State of Assam & others, reported in 2010 (4) GLT 340.
3. 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 L.P. School on compassionate
grounds subject to verification of income and unemployed certificate from the
Circle Officer and verification of the documents with the original ones.
4. 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.
5. 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
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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.
11. The writ petitions are accordingly disposed of."
6. Ms. D.D. Barman, learned Additional Senior Government Advocate, submits
that as the case of the petitioner has already been recommended by the District
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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.
7. 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.
8. With the above observations and directions, this writ petition is disposed of.
JUDGE
Comparing Assistant
