Page No.# 1/5 vs The State Of Assam And 5 Ors
2025 Latest Caselaw 556 Gua

Gauhati High Court

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

                                                                 Page No.# 1/5

GAHC010097612025




                                                           2025:GAU-AS:6020

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

                          Case No. : WP(C)/2537/2025

         PUTUL BORUAH
         S/O. LT. JUGEN BORUAH,
         VILL. BONHPARA, P.O. JALBHARI,
         DIST. LAKHIMPUR, ASSAM, PIN- 788710.



         VERSUS


         THE STATE OF ASSAM AND 5 ORS
         REP. 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 GOVERNMENT OF
         ASSAM
          PERSONNEL DEPT.
          DISPUR
          GUWAHATI- 781006.

         4:THE SECRETARY TO THE GOVERNMENT OF ASSAM
          DEPT. OF SCHOOL EDUCATION
          DISPUR
          GUWAHATI- 6.

         5:THE DIRECTOR OF ELEMENTARY EDUCATION
          KAHILIPARA
          GUWAHATI- 781019.
                                                                           Page No.# 2/5

            6:THE DISTRICT COMMISSIONER -CUM- CHAIRMAN OF DISTRICT LEVEL
            COMMITTEE (DLC)

             LAKHIMPUR - FOR APPOINTMENT ON COMPASSIONATE GROUND
             LAKHIMPUR
             ASSAM
             PIN- 781036

Advocate for the Petitioner   : MS. S B CHOUDHURY,

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




                                   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 Jugen Boruah while serving as Headmaster of Khamon Mukh L.P. School in the District of Lakhimpur, died in harness on 18.07.2008. Thereafter, the petitioner made an application for appointment on compassionate grounds on 29.10.2009. However, as the case of the petitioner was not considered by the concerned DLC, he approached this Court by filing WP(C)/4504/2023, which was disposed of by an Order dated 13.09.2023 directing that the application of the petitioner be placed before the next available DLC of Lakhimpur district for consideration on its own merit.

3. The District Level Committee, Lakhimpur in its meeting held on 26.10.2023 considered the case of the petitioner and recommended for appointment on Page No.# 3/5

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, 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.

Page No.# 4/5

(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. S. Konwar, learned Government Advocate, submits that as case of the petitioner was recommended by the District Level Committee, Lakhimpur on 26.10.2023 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 26.10.2023, in its next immediate sitting. However, if Page No.# 5/5

the case of the petitioner has already been considered by the SLC, the outcome 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