Page No.# 1/5 vs The State Of Assam And Ors
2025 Latest Caselaw 555 Gua

Gauhati High Court

Page No.# 1/5 vs The State Of Assam And Ors on 15 May, 2025

                                                                     Page No.# 1/5

GAHC010097592025




                                                              2025:GAU-AS:6019

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

                                 Case No. : WP(C)/2506/2025

            MUKUT CHANDRA KAMAN
            S/O LT CHABILAL KAMAN VILL KAMAN CHAPORI PO BOGUM PS
            GHILAMARA DIST LAKHIMPUR ASSAM



            VERSUS


            THE STATE OF ASSAM AND ORS
            REP BY THE CHIEF SECRETARY TO THE GOVT OF ASSAM DISPUR
            GUWAHATI 6

            2:THE CHARIMAN 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
            GUWAHATI6

            5:THE DIRECTOR OF ELEMENTARY EDUCATION
             KAHILIPARA GUWAHATI 19

            6:THE DISTRICT COMMISSIONER CUM CHAIRMAN OF DISTRICT LEVEL
            COMMITTEE (DLC) LAKHIMPUR
             FOR APPOINTMENT ON COMPASSIONATE GROUND LAKHIMPUR ASSAM
            PIN 78103

Advocate for the Petitioner   : 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 : 15.05.2025

1. Heard Ms. S.B. Choudhury, learned counsel for the petitioner. Also heard Ms. S. Konwar, learned Government Advocate, for the respondent Nos. 1, 2, 3 & 6 and Ms. S. Chutia, learned standing counsel, Elementary Education Department, for the respondent Nos. 4 & 5.

2. The father of the petitioner Late Chabilal Kaman while serving as Headmaster of Azarghuri Dorge L.P. School, North Lakhimpur, died in harness on 20.10.2008. Thereafter, the petitioner made an application for appointment on compassionate grounds on 07.03.2009. However, as the case of the petitioner was not considered by the concerned DLC, he approached this Court by filing WP(C) No. 3772/2023, which was disposed of by an Order dated 28.06.2023 directing the District Elementary Education Officer, Lakhimpur to verify the records and thereafter, place the application of the petitioner before the concerned District Level Committee for consideration of the case of the petitioner for appointment on compassionate grounds. The District Level Committee was also directed to consider the case of the petitioner on its merits in its next immediate sitting.

3. The District Level Committee, Lakhimpur in its meeting held on 01.09.2023 recommended the case of the petitioner for appointment on compassionate grounds to a post of L.P. Teacher under the Office of the District Elementary Education Officer, Lakhimpur.

4. In the meantime, the Personnel (B) Department, Government of Assam, Page No.# 3/5

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 Page No.# 4/5

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. S. Konwar, learned Government Advocate, submits that as case of the petitioner was recommended by the District Level Committee, Lakhimpur on 01.09.2023 and also taking into consideration 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.

7. 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, Lakhimpur on 01.09.2023, in its next immediate sitting. However, if the case of the petitioner has already been considered by the SLC, the outcome Page No.# 5/5

of such consideration shall be communicated to the petitioner forthwith.

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

JUDGE

Comparing Assistant