Gauhati High Court
Page No.# 1/4 vs The State Of Assam And 6 Ors on 28 May, 2025
Author: Suman Shyam
Bench: Suman Shyam
Page No.# 1/4
GAHC010099292025
2025:GAU-AS:6807
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2806/2025
RAFIQUL ISLAM
S/O LATE ABDUL KHALEQUE
VILL- BHOGRANDHA
P.O. GAJIA, P.S. GAJIA,
DIST. BARPETA, ASSAM,
PIN-781314
VERSUS
THE STATE OF ASSAM AND 6 ORS.
REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM,
DISPUR, GUWAHATI- 781006
2:THE CHAIRMAN OF STATE LEVEL COMMITTEE (SLC)
FOR APPOINTMENT ON COMPASSIONATE GROUND
DISPUR
GUWAHATI- 781006
3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
PERSONNEL DEPARTMENT
DISPUR
GUWAHATI- 781006
4:THE STATE OF ASSAM
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM
PHE DEPARTMENT
DISPUR
Page No.# 2/4
GUWAHATI-6.
5:THE CHIEF ENGINEER (PHE)
ASSAM
HENGRABARI
GUWAHATI-6.
6:THE DISTRICT COMMISSIONER CUM CHAIRMAN OF DISTRICT LEVEL
COMMITTEE (DLC)
BARPETA FOR APPOINTMENT ON COMPASSIONATE GROUND
BARPETA
ASSAM
PIN-787001
7:THE EXECUTIVE ENGINEER (PHE)
BARPETA
P.O. AND DIST. BARPETA
ASSAM
PIN-78130
Advocate for the Petitioner : MR. N HOSSAIN, MR N SARMA
Advocate for the Respondent : SC, P H E, GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 28/05/2025
Heard Mr. N. Sarma, learned counsel for the writ petitioner. Also heard Mr. A. Chakraborty,
learned Government Advocate, Assam, appearing for the respondent nos. 1, 2, 3, 4 & 6 and Mr. I.
Borthakur, learned Standing Counsel, PHE Department, Assam, appearing for the respondent nos. 5 &
7.
The application of the petitioner for appointment on compassionate ground was recommended
by the District Level Committee (DLC), Barpeta. 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
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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. Sarma 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. A. Chakraborty, learned Government Advocate, Assam and Mr. I. Borthakur, learned
Standing Counsel, PHE Department, Assam, are present.
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
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
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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."
Having regard to the facts and circumstances of the case, I am of the view that for the ends of
justice, a similar approach, as laid down in the judgement and order dated 03/04/2025 is required to
be adopted by this Court in the present writ petition as well. This writ petition is, therefore, 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
