Kamal Saikia vs The State Of Assam And 5 Ors
2025 Latest Caselaw 7268 Gua

Gauhati High Court

Kamal Saikia vs The State Of Assam And 5 Ors on 15 September, 2025

Author: Soumitra Saikia

Bench: Soumitra Saikia

                                                                   Page No.# 1/7

GAHC010207862025




                                                            undefined

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

                          Case No. : WP(C)/5382/2025

         KAMAL SAIKIA
         S/O LATE NIRMAL SAIKIA, R/O- SOLMORIA, P.O- DOOLAHAT, P.S- LALUK,
         DISTRICT- NORTH LAKHIMPUR ASSAM -787031.



         VERSUS

         THE STATE OF ASSAM AND 5 ORS
         REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM,
         DISPUR, GUWAHATI-781006, ASSAM

         2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
         ASSAM
          IRRIGATION DEPARTMENT
          DISPUR
          GUWAHATI- 781006
         ASSAM.

         3:THE CHAIRMAN
          STATE LEVEL COMMITTEE
          REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF
         ASSAM
          DISPUR
          GUWAHATI-781006
         ASSAM.

         4:THE CHIEF ENGINEER
          IRRIGATION DEPARTMENT
          CHANDMARI
          GUWAHATI- 781003
         ASSAM.

         5:THE EXECUTIVE ENGINEER
                                                                           Page No.# 2/7

             IRRIGATION DEPARTMENT
             NORTH LAKHIMPUR
             DISTRICTLAKHIMPUR
             ASSAM.

            6:THE DISTRICT LEVEL COMMITTEE
             REPRESENTED BY THE DEPUTY COMMISSIONER
             NORTH LAKHIMPUR
             LAKHIMPUR
             P.O- NORTH LAKHIMPUR
             DISTRICT- LAKHIMPUR
            ASSA

Advocate for the Petitioner   : MR P R SARMA, OTOLI KITS,MR. A HUDA,MS. A Y SUMI,S
YESMIN

Advocate for the Respondent : SC, IRRIGATION, GA, ASSAM




                                    BEFORE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                         ORDER

15.09.2025 Heard Mr. P.R. Sharma, learned counsel for the petitioner. Also heard Mr. A Chakrabarty, learned Government Advocate for the State and Ms. D Neog, learned Standing Counsel, Irrigation Department.

2. This writ petition has been filed by the petitioner seeking appointment on compassionate ground as the late father who was an employee under the Irrigation Department posted at Nowboicha, Lakhimpur as a Tractor Driver died in harness on 21.03.2006. The petitioner submitted his application for appointment on compassionate ground on 05.06.2021 and the same not being considered by the District Level Committee, he had approached this Court by filing W.P(C) No. 8092/2022. This Court by order dated 06.01.2023 disposed of the writ petition directing the application of the petitioner be placed and considered before the next available District Level Committee of the district of Page No.# 3/7

Lakhimpur.

3. In deference to the said order passed by the Court, the District Level Committee in its meeting held on 07.07.2023 recommended the petitioner for appointment on compassionate ground on a Grade-IV post under the Office of the Inspector of Schools, LDC, Lakhimpur. However, his case was not placed and/or considered by the SLC. Thereafter, it is the apprehension expressed by the petitioner that in view of the Office Memorandum No. ABP. 104/2024/90 dated 18.09.2024, the case of the petitioner has not been considered by the State Level Committee. Being aggrieved, he has filed this writ petition putting a challenge to the said OM dated 18.09.2024.

4. The learned counsel for the petitioner submits that the case of the petitioner cannot be rejected on the basis of the OM dated 18.09.2024 as there was already a recommendation in his favour by the concerned District Level Committee well prior to the Office Memorandum dated 18.09.2024. This recommendation in favour of the writ petitioner was made pursuant to the directions issued by the Court vide order dated 06.01.2023 passed in W.P.(C) No. 8092/2022. As such, the non consideration of the case of the writ petitioner by the SLC on the ground that the same is barred under the OM dated 18.09.2024 is contrary to the provisions of law as well as the directions issued by the Court.

5. Mr. A Chakrabarty, learned Government Advocate representing the respondents as well as Ms. D Neog, learned Standing Counsel representing the Irrigation department submit that pursuant to orders passed by the Court after issuance of the OM dated 18.09.2024, an Executive Order dated 30.08.2025 came to be issued whereby the Government laid down a Standard Operating Procedure for disposal of matters on compassionate appointment. The cases, Page No.# 4/7

guidelines & Judgments and timelines for disposal are detailed in the said Executive Order dated 30.08.2025. That apart on the same day i.e. 30.08.2025, the Government issued another order whereby particulars in respect of the person seeking compassionate appointment were permitted to be submitted to the appropriate level in the Government subject to fulfillment of the prescription mentioned in the said notice dated 30.08.2025.

6. The learned Government advocate disputes the submissions made by the learned counsel for the petitioner. It is submitted that the Office Memorandum dated 18.09.2024 was issued taking into consideration the Judgment of the Apex Court rendered in State of West Bengal Vs Debabrata Tiwari & Ors (Civil Appeal No. 8842-8855 of 2022). Under such circumstances, the Government of Assam had issued the Office Memorandum dated 18.09.2024. He therefore submits that the challenge made to the Office Memorandum dated 18.09.2024 cannot be sustained as the same was issued in terms of the directions issued in Debabrata Tiwari(Supra) by the Apex Court.

7. Be that as it may, taking into consideration the submissions made by the learned counsel for the parties and the averments made in the writ petition, it is seen that the writ petitioner's case was considered by the District Level Committee in its meeting held on 07.07.2023 recommending the petitioner for appointment on compassionate ground in a Grade IV post under the office of Inspector of Schools, LDC, Lakhimpur. This was required to be considered or placed before by the State Level Committee which however was not done and while the matter was situated thus, the Office Memorandum dated 18.09.2024 came to be issued. In order to remove the difficulties and to streamline the process, the Government has issued an Executive Order dated 30.08.2025 laying down the Standard Operating Procedure for disposal of matters relating Page No.# 5/7

to appointments on compassionate ground. There are two categories of cases as per the criteria prescribed. In the first category, the cases where the office memorandum dated 18.09.2024 has been challenge and the second category, the cases where the Office Memorandum dated 18.09.2024 has not been challenge. For convenience, the type of case as specified under (i) is extracted below:

A        B                                                      C                                    D

         Types of cases                                         Guidelines of State Government Time frame for
                                                                and     Judgments     passed     by disposal
                                                                Hon'ble Supreme Court of India
                                                                and Hon'ble Gauhati High Court
                                                                applicable for disposal of such
                                                                cases

(i)      All documents/ information received in respect cases
                                                          a)  O.M. No. ABP.50/2006 Pt-182 For                  DLC/SLC
         of compassionate appointment from the petitioners dated 01.06.2015.              within               1   (one)
         who have challenged the Office Memorandum No.                                               Month from the
                                                       b)
         ABP.104/2024/90 dated 18.09.2024, including those            Para   7   of   Order    dated date of receipt of

         similar cases which have been disposed of by the 03.08.2006    in    WP(C)   No. the proposal from

Hon'ble Gauhati High Court citing the judgment and 3875/2005 (Achyut Ranjan Das- Personnel order dated 03.04.2025 passed by the Hon'ble Vs-SOA & Ors.) Department & SLC Gauhati High Court in WP(C) No. 342/2025, for SLC within State of West Bengal Vs. pursuant to the Notice dated 30.08.2025 issued by 1(one) Month from Debabrata Tiwari and ors (Civil the Personnel Department and subsequently the date of receipt Appeal No. 8842-8855/2022) forwarded by the Personnel Department to the of such proposal respective DLCs/SLCs, shall be considered and with disposed of by the concerned DLCs/SLCs on merit by recommendation taking into consideration the criteria specified in on from DLC Para 4 of this SOP and guidelines and judgments as mentioned in Column C & D of this clause.

8. From the perusal of the criteria above, it is clearly seen that this criteria includes cases where challenges have been made to the Office Memorandum dated 18.09.2024 and which includes similar cases which have been disposed of by this Court by referring to the order dated 03.04.2025 passed in W.P(C) No. Page No.# 6/7

342/2025 pursuant to notice dated 30.08.2025. All these cases shall be considered and disposed of by the concerned DLCs/SLCs on merit by taking into consideration the criteria specified in Paragraph 4 of the SOP and the guidelines and the Judgments as mentioned in Colum C and D of this Clause. From the averments made in the writ petition, it is seen that in the present proceedings, the challenge is made by the petitioner to the Office Memorandum dated 18.09.2024.

9. The Executive order dated 30.08.2025 also clearly lays down the parameters of the criteria to be taken into consideration while disposal of the cases under compassionate appointment which are specified in detailed under Clause 4.

10. Perusal of the Executive Order dated 30.08.2025 makes it clear that the writ petition where challenge has been made to the OM dated 18.09.2024 are to be considered and disposed of by the DLCs/SLCs on their own merit by taking into consideration the criteria specified in Paragraph 4 of the said OM dated 18.09.2024.

11. Under such circumstances, this Court is of the view that the writ petition can be disposed of by directing the respondent authorities to take into consideration the claims of the writ petitioner and dispose of the same by passing an appropriate order in terms of Clause (i) of the Executive Order dated 30.08.2025 and by taking into consideration the parameters specified under Clause 4 thereof. This order however is subject to the particulars required to be filed by the petitioner in terms of the Notice dated 30.08.2025 issued by Personnel Department, Government of Assam.

12. It is informed to the Court that today is the last date for Page No.# 7/7

submission/uploading these particulars in terms of the notice dated 30.08.2025.

13. The writ petitioner therefore shall be permitted to submit his particulars in terms of the Notice dated 30.08.2025 whereupon, if the particulars are found to be in order, the case of the petitioner shall be considered along with other similarly situated matters and pass appropriate order in terms of the Executive Order dated 30.08.2025.

14. The writ petition accordingly stands closed in terms of the above.

JUDGE

Comparing Assistant