Gauhati High Court
Kabir Ahmed Choudhury vs The State Of Assam And Othrs on 14 November, 2025
Author: Soumitra Saikia
Bench: Soumitra Saikia
Page No.# 1/5
GAHC010242952025
undefined
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6410/2025
KABIR AHMED CHOUDHURY
S/O- LATE SAMIR UDDIN CHOUDHURY, R/O- VILL- GONIRGRAM PT- IV,
P.O- GONIRGRAM, DIST. CACHAR, ASSAM
VERSUS
THE STATE OF ASSAM AND OTHRS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, PUBLIC HEALTH ENGINEERING DEPARTMENT,
DISPUR, GUWAHATI-781006.
2:THE DISTRICT LEVEL COMMITTEE
CACHAR
REPRESENTED BY THE DEPUTY COMMISSIONER
CACHAR
P.O DIST. CACHAR
ASSAM
PIN- 788001
3:THE EXECUTIVE ENGINEER PHE
SILCHAR
DIVISION NO.1
SILCHAR
P.OSILCHAR
DIST- CACHAR. ASSAM
Advocate for the Petitioner : MR F A LASKAR, MR A MALEK
Advocate for the Respondent : SC, P H E, GA, ASSAM
Page No.# 2/5
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
14.11.2025
Heard Mr. FA Laskar, learned counsel for the petitioner.
2. This writ petition is filed by the petitioner putting a challenge to the
order passed by the District Level Committee (DLC), Cachar in its meeting dated
16.08.2025 rejecting the case of the petitioner for consideration for appointment
on compassionate grounds. The DLC held that in the absence of any vacancies
under quota for compassionate appointment DLC rejected petitioner's proposal
as it has spent its force as per principal 10 in the Office Memorandum dated
01.06.2015. The petitioner being aggrieved has approached this Court. The
petitioner has also referred to the order passed by the Coordinate Bench on
03.04.2025 in WP(C) No. 342/2025 and other connected writ petitions. In that
set of petitions, the present petitioner had also approached this Court by filing
WP(C) No. 690/2025. The said writ petition, along with WP(C) No. 342/2025
and the other connected writ petitions, also stood disposed of by the common
order dated 03.04.2025. This Court upon consideration of the matters and the
judgments of the Apex Court rendered in State of West Bengal vs. Debabrata
Tiwari & Others. in Civil Appeal No.8842 & 8855 of 2022 closed the writ
petitions with the following directions:
Page No.# 3/5
"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 in this Court as
on 03.04.2025. to 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."
3. In terms of the said direction, the writ petitions were closed, however,
though the correctness of the Office Memorandum dated 18.09.2024 was put to
challenge, the issue was not answered and decided on merits and the matters
were remanded back on the basis of the consent given by the respondents for a
fresh decision in the matters. Pursuant thereto the matters were decided by the
DLC and by the impugned meeting minutes dated 16.08.2025, the case of the
petitioner stood rejected.
4. The fact remains that by Office Memorandum dated 18.09.2024, the
Government has announced its policy not to provide for compassionate
Page No.# 4/5
appointment under the compassionate ground any further. Although this
notification was challenged in the bunch of writ petitions, where the lead case
was WP(C) No.342 of 2025, the same was not interfered with nor was the
correctness of the notification answered. This Bunch of the writ petitions was
closed on the concession given by the learned counsel for the respondents and
accordingly, the directions given in Para-9 and 10 of the judgment in the said
order were issued. As such, the Office Memorandum dated 18.09.2024 is still in
force and consequent thereto two other executive orders were issued by the
State being 30.08.2025, whereby the particulars of all the persons seeking
compassionate appointments were called for and the last date of which was
extended on 03.10.2025 making it extended for 3 (three) months.
5. It is seen that the prayer in the present writ petition is for setting aside
the resolution of the DLC, Cachar, passed in its meeting dated 16.08.2025,
whereby the petitioner's claim was rejected, and for a further direction to the
respondents to reconsider the petitioner's case before the DLC in terms of the
Office Memorandum dated 01.06.2015, which has already been superseded by
the Office Memorandum dated 18.09.2024. Under such circumstances, this
Court at this present stage is not inclined to issue notice in the matter.
However, as it is pointed out by the learned counsel for the petitioner that in a
similar writ petition being WP(C) No.6124/2025, the Coordinate Bench has
Page No.# 5/5
already issued notice, this Court considers it appropriate to direct this matter to
be listed along with WP(C) No.6124/2025.
6. List accordingly.
JUDGE
Comparing Assistant
