Gauhati High Court
Page No.# 1/5 vs The State Of Assam on 28 May, 2025
Page No.# 1/5
GAHC010108952025
2025:GAU-AS:6826
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2765/2025
MD KHALED AKTAR CHOUDHURY
S/O- LATE ABDUS SAHID, VILL- JABDA, P.O- MANIKGANJ, DIST-
SRIBHUMI, ASSAM
VERSUS
THE STATE OF ASSAM
REP. BY THE CHIEF SECRETARY , GOVT. OF ASSAM, DISPUR, GUWAHATI-
06
2:THE CHAIRMAN OF STATE LEVEL COMMITTEE (SLC)
FOR APPOINTMENT ON COMPASSIONATE GROUND DISPUR GUWAHATI 6
3:THE COMMISSIONER AND SECRETARY
TO THE GOVT OF ASSAM PERSONNEL DEPTT DISPUR GUWAHATI 6
4:THE SECRETARY
TO THE GOVT OF ASSAM DEPTT OF SCHOOL EDUCATION DISPUR
GUWAHATI 6
5:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
KAHILIPARA GUWAHATI 19
6:THE DISTRICT COMMISSIONER CUM CHAIRMAN OF DISTRICT LEVEL
COMMITTEE (DLC)
KARIMGANJ FOR APPOINTMENT ON COMPASSIONATE GROUND
KARIMGANJ ASSAM PIN 78871
Advocate for the Petitioner : MRS R BEGUM, MS. S B CHOUDHURY
Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU
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BEFORE
HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR
ORDER
Date : 28.05.2025
Heard Ms. S. B. Choudhury, learned counsel for the petitioner. Also heard
Ms. S. Konwar, learned Govt. Advocate for the respondent Nos. 1, 2, 3 and 6
and Ms. S. Chutia, learned standing counsel, Elementary Education Department
for the respondent Nos. 4 and 5.
2. The father of the petitioner late Md. Abdus Shahid, while serving as Head
Teacher in the Sarapur M. E. School under the Badarpur Elementary Education
Block, in Karimganj district, died in harness on 20.03.2014. Thereafter, the
petitioner made an application for appointment on compassionate grounds on
04.09.2017. However, as the case of the petitioner was not placed before the
concerned DLC, the petitioner approached this Court by filing WP(C)/6335/2023,
which was disposed of on 22.11.2023, directing the District Elementary
Education Officer, Karimganj to firstly verify from the records as to whether any
such application has been made by the petitioner and if any such application is
available on record, the same be placed before the DLC concerned for its
consideration.
3. The District Level Committee, Karimganj in its meeting held on
30.11.2023, recommended the case of the petitioner for appointment on
compassionate grounds in a vacant post of Assistant Teacher in the L.P Level
School.
4. In the meantime the Personnel (B) Department, Government of Assam,
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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
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
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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. S. Konwar, learned Government Advocate, submits that as the case of
the petitioner has already been recommended by the DLC, Karimganj in its
meeting held on 30.11.2025 and in view of the order dated 03.04.2025 passed
by this Court in WP(C)/342/2025 and a batch of writ petitions, the case of the
petitioner can now be considered by the SLC.
7. Accordingly, recording the submission made by the learned Government
Advocate, this writ petition is disposed of directing the SLC to consider the case
of the petitioner in accordance with law and also on the basis of the
recommendation made by the DLC, Karimganj on 30.11.2023 in its next
immediate sitting.
8. However if the case of the petitioner has already been considered, the
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outcome of such consideration shall also be communicated to the petitioner
forthwith.
9. With the above observations and directions, this writ petition stands
disposed of.
JUDGE
Comparing Assistant
