Citation : 2025 Latest Caselaw 7603 Gua
Judgement Date : 24 September, 2025
Page No.# 1/3
GAHC010211842025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5728/2025
BEDADYUTI CHAKRAVORTY @ BEDADRUTI
SON OF LATE DEBAJYOTI CHAKRABORTY, R/O VILLAGE- DAKHINGAON,
KAHILIPARA, P.S.- DISPUR, P.O.- KAHILIPARA, GUWAHATI, DIST- KAMRUP
(METRO), ASSAM, PIN-781019
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT
OF ASSAM, PERSONNEL DEPARTMENT, DISPUR, GUWAHATI-781006
2:THE STATE LEVEL COMMITTEE (SLC) FOR APPOINTMENT ON
COMPASSIONATE GROUND
REPRESENTED BY ITS CHAIRMAN -CUM- CHIEF SECRETARY
GOVERNMENT OF ASSAM
DISPUR
GUWAHATI- 781006
3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
HANDLOOM
TEXTILES AND SERICULTURE DEPARTMENT
DISPUR
GUWAHATI-781006
4:THE DIRECTOR OF HANDLOOM
TEXTILES AND SERICULTURE
ASSAM
AMBARI
GUWAHATI-781001
5:THE DISTRICT COMMISSIONER
KAMRUP (M)
-CUM- CHAIRMAN
DISTRICT LEVEL COMMITTEE (DLC)
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KAMRUP (M)
ASSAM
PIN-78103
Advocate for the Petitioner : MR N SARMA, MS. GARGI KASHYAP
Advocate for the Respondent : GA, ASSAM, SC, HANDLOOM, TEXTILE AND SERICULTURE
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
24.09.2025
Heard Mr. N Sarma, learned counsel for the petitioner.
The petitioner's case was recommended for appointment on compassionate
ground in a Grade-III post by the District Level Committee (DLC) in its meeting
held on 25.10.2015 at 4 pm. The State Level Committee (SLC) in its meeting
held on 11.08.2017 rejected the case of the petitioner due to non-availability of
post. Then the petitioner approached this Court by filing WP(C) No.4197/2019
which came to be disposed of on 26.07.2019 directing the respondent
authorities to place the matter before the State Level Committee (SLC) for
reconsideration under Clause-15 of the Office Memorandum NO.ABP
50/2006/Pt/182 dated 01.06.2015 by examining the availability of vacancy
under the Department within a period of 3 (three) months. The matter was
thereafter placed before the State Level Committee (SLC) in terms of the
directions of the Coordinate Bench, however, the petitioner upon obtaining Page No.# 3/3
information through RTI was informed that the State Level Committee (SLC)
considered his application and it was noted that the deceased government
servant, namely, the father of the writ petitioner at the time he expired while in
harness he had less than 3 years of service.
Learned Counsel for the petitioner submits that this Clause-15 in the OM
dated 01.06.2015 was interfered with and set aside by the Coordinate Bench by
its Judgment and Order dated 30.01.2023 passed in a bunch of writ petitions
where the leading case was WP(C) No.3245/2019.
Mr. R. Dhar, learned Standing Counsel, Handloom, Textile and Sericulture
Department, submits that the State being aggrieved has preferred an appeal
being WA No.287/2023 along with IA(Civil) No.236/2024 and by an order dated
25.01.2024 the Judgment and Order dated 30.01.2023 in WP(C) No.3245/2019
passed by the Coordinate Bench has been stayed. The Department therefore
has informed the petitioner his case will be placed before the SLC upon disposal
of the appeal preferred by the State.
In that view of the matter, let the matter be listed after 6 (six) weeks.
Parties are given liberty to apprise the Court regarding the status of the appeal
before the Court.
JUDGE
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