Page No.# 1/7 vs The State Of Assam And 5 Ors
2025 Latest Caselaw 612 Gua

Gauhati High Court

Page No.# 1/7 vs The State Of Assam And 5 Ors on 16 May, 2025

                                                                           Page No.# 1/7

GAHC010274382023




                                                                   2025:GAU-AS:6147

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

                                 Case No. : WP(C)/7019/2023

            IMAM UDDIN LASKAR
            S/O LT. AFTAB UDDIN LASKAR R/O NAGDIGRAM PART III P.O. KABUGANJ
            P.S. SONAI DIST. CACHAR ASSAM PIN 788121

            VERSUS

            THE STATE OF ASSAM AND 5 ORS
            THROUGH THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM HEALTH
            AND FAMILY WELFARE DEPTT DISPUR GUWAHATI 781006

            2:THE JOINT SECRETARY
            TO THE GOVT OF ASSAM HEALTH AND FAMILY WELFARE DEPTT ASSAM
            DISPUR GUWAHATI 6

            3:THE DIRECTOR OF HEALTH SERVICES
             HEALTH AND FAMILY WELFARE DEPTT ASSAM SWASTHAYA BHAWAN
            HENGRABARI GUWAHATI 36

            4:THE JOINT DIRECTOR OF HEALTH SERVICES
             CACHAR
             P.O. AND P.S. SILCHAR DIST. CACHAR ASSAM

            5:THE DISTRICT LEVEL COMMITTEE OF COMPASSIONATE APPOINTMENT
            CACHAR
             REP BY ITS CHAIRMAN THE DISTRICT COMMISSIONER CACHAR P.O.
            AND P.S. SILCHAR DSIT CACHAR ASSAM

            6:THE STATE LEVEL COMMITTEE
             REP BY ITS CHAIRMAN CHIEF SECRETARY TO THE GOVT OF ASSAM
            DISPUR GUWAHATI

Advocate for the Petitioner   : MS. S SEAL, MS. J CHETTRY,MS. S KANUNGOE

Advocate for the Respondent : GA, ASSAM, SC, HEALTH
                                                                        Page No.# 2/7




                                 BEFORE
                    HONOURABLE MR. JUSTICE ROBIN PHUKAN
                                 ORDER

16.05.2025

Heard Mr. S. Seal, learned counsel for the petitioner; Mr. D.U. Upamanyu, learned standing counsel for the respondent Nos. 1 - 4; and Mr. C.K.S. Baruah, learned counsel for the respondent Nos. 5 & 6.

2. The grievance of the petitioner, being sought to be addressed in this petition, under Article 226 of the Constitution of India, is that his father was working as Peon (Grade - IV), under the Joint Director of Health Services, Cachar, Silchar and he died in harness on 03.06.2007, leaving behind the petitionerand three other sons and one daughter and their mother. Thereafter, being eligible, the petitioner had applied for his appointment on compassionate ground.

2.1. It is the pleaded case of the petitioner that, recently, his case was placed before the District Level Committee (DLC hereinafter), Cachar, Silchar and the DLS, vide order dated 07.03.2022, held that after going through the papers and statements submitted by the concerned department and due to lack of vacancy, his application could not be considered. However, it is decided to request to take up his matter with other departments on compassionate ground as per Clause 15 of the Office Memorandum (OM hereinafter) dated 01.06.2015.

2.2. Thereafter, the State Level Committee (SLC hereinafter), vide order dated 02.03.2023, recommended and approved 11 candidates, who had applied much later than the present petitioner and his case is not placed before the SLC till date.

Page No.# 3/7

2.3. Being aggrieved, the petitioner has approached this court by filing this writ petition for issuing direction to the respondent authorities to appoint him on compassionate ground.

3. Mr. Seal, learned counsel for the petitioner, referring to a decision of a coordinate bench of this court, dated 03.04.2025, passed in W.P.(C) No. 342/2025, especially to paragraph Nos. 9 & 10 of the said judgment, submits that the case of the present petitioner is covered by the aforesaid decision. Mr. Seal further submits that as the present petition was filed on 04.12.2023, similar relief granted to the petitioner of the said writ petition may also be granted to the present petitioner and therefore, it is contended to issue a direction to the respondent authorities, to decide the matter of the present petitioner on merit.

4. On the other hand, the learned counsel for the respondent authorities submit that they have no objection in the event of granting similar relief as granted to the petitioner in W.P.(C) No. 342/2025, at paragraph No. 10.

5. Having heard the submissions of learned counsel for both the parties, I have carefully gone through the petition as well as the documents placed on record and also perused the minutes of the meeting of the DLC dated 07.03.2022 and SLC dated 02.03.2023, and also the decision of a coordinate bench of this court in W.P.(C) No. 342/2025.

6. It is to be noted here that coordinate bench of this court in W.P.(C) No. 342/2025 has granted following reliefs to the petitioner:-

"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 Page No.# 4/7

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 Page No.# 5/7

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, l.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."

7. In the case in hand, the basic facts of the case are not in dispute. The father of the petitioner was working as Peon (Grade - IV), under the Joint Page No.# 6/7

Director of Health Services, Cachar, Silchar and he died in harness on 03.06.2007. It is also not in dispute that being eligible he applied for his appointment on compassionate ground on 24.09.2007 and the DLS, vide order dated 07.03.2022, held that after going through the papers and statements submitted by the concerned department and due to lack of vacancy, his application could not be considered. It is also not in dispute that the SLC, vide order dated 02.03.2023, recommended and approved 11 candidates, who applied much later than the present petitioner and his case is not placed before the SLC till date.

8. It is to be noted here that Clause No. 15 of the OM dated 01.06.2015, read as under:-

"15. If sufficient vacancies are not available in

any particular office to accommodate the persons in the waiting list for compassionate appointment, it is open in the administrative Department Office to take up the matter with other Departments/Offices of the Government to provide at an early appointment on compassionate grounds to those in the waiting list."

8.1. From the aforesaid Clause it becomes apparent that even if vacancy in any particular office is not available to accommodate the persons, the administrative department office may take up the matter with other department/office to provide an early appointment.

9. Therefore, it is directed that the compassionate appointment of the present petitioner shall be considered and to dispose of his application by the Page No.# 7/7

SLC on merit by taking into account that various guidelines were laid down by the State Government prior to 01.04.2017, for compassionate appointment and also taking note of the judgments of Hon'ble Supreme Court and this court and also taking note of Clause No. 15 of the OM dated 01.06.2015, if vacancy to accommodate the petitioner is not available in the office of the Joint Director of Health Services Cachar, Silchar.

10. It is, however, made clear that while deciding the case of the petitioner, the respondent authorities shall not take recourse to the OM dated 18.09.2024. But, may consider the judgment of Hon'ble Supreme Court referred in the aforesaid memorandum, i.e. State of West Bengal vs. Debabrata Tiwari and Others in Civil Appeal No. 8842-8855/2020.

11. In terms of above, this writ petition stands disposed of. The petitioner shall obtain a certified copy of this order and place the same before the respondent authorities within a period of two weeks from today.

JUDGE Comparing Assistant