Gauhati High Court
Page No.# 1/4 vs The State Of Assam And 5 Ors on 26 September, 2025
Author: Kalyan Rai Surana
Bench: Kalyan Rai Surana
Page No.# 1/4
GAHC010213002025
2025:GAU-AS:13510
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5730/2025
INAMUL HAQ
S/O LATE IDRISH ALI, RESIDENT OF VILL- NIDANPUR PART-I, P.O. AND
P.S.- LAKHIPUR, DIST- GOALPARA (ASSAM)
VERSUS
THE STATE OF ASSAM AND 5 ORS.
REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM CUM
CHAIRMAN OF THE STATE LEVEL COMMITTEE FOR APPOINTMENT ON
COMPASSIONATE GROUND, DISPUR, GUWAHATI-781006
2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
DEPARTMENT OF HOME
DISPUR
GUWAHATI-6
3:THE DIRECTOR GENERAL OF CIVIL DEFENCE AND COMMANDANT
GENERAL OF HOME GUARDS
ASSAM
BELTOLA
GUWAHATI-781028.
4:THE DISTRICT COMMISSIONER
GOALPARA
CUM CHAIRMAN OF DISTRICT LEVEL COMMITTEE PERTAINING TO
COMPASSIONATE APPOINTMENT
GOALPARA
PIN-783101
5:THE SUPERINTENDENT OF POLICE
GOALPARA
ASSAM
PIN-783101
Page No.# 2/4
6:THE COMMANDANT
1ST ASSAM SPECIAL RESERVE FORCE BN-1
BARJAR
NALBARI
PIN-78134
Advocate for the Petitioner : MR. N K KALITA, MR D DEKA,MR. R D BHUYAN
Advocate for the Respondent : GA, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 26.09.2025
Heard Mr. M.K. Kalita, learned counsel for the petitioner. Also heard
Mr. C.K.S. Baruah, learned Govt. Advocate appearing for all the respondents.
2. In brief, the case of the petitioner is that his father, namely, Idris Ali,
while working as Constable in 1 st ASRF Bn., took leave for 5 (five) days on
24.09.2012 and while returning to his residence, went missing from Goalpara
and accordingly, a missing report was filed on 08.10.2012 and thereafter, a
formal FIR was lodged on 18.12.2012 before the Officer-in-Charge of Goalpara
Sadar Police Station, which was registered as Goalpara P.S. Case No. 507/2012.
By police report dated 18.02.2015, it is reported that the father of the petitioner
could not be traced out. The petitioner had applied for appointment on
compassionate ground on 02.11.2016. Thereafter, the petitioner had obtained
the death certificate in respect of his father, wherein the date of death is
provided as 24.09.2012 and the said death certificate was issued on
27.12.2019.
3. The District Level Committee for appointment on compassionate
ground (DLC for short) in its meeting held on 21.08.2018 had not considered
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the case of the petitioner as the period of 7 (seven) years from the submission
of application for appointment under compassionate ground was yet to be
completed. Thereafter, the petitioner approached this Court by filing WP(C)
5369/2021 and this Court by order dated 18.07.2022, disposed of the writ
petition with a direction to consider the petitioner's application for
compassionate appointment, further directing that the application of the
petitioner be placed before the concerned DLC for consideration in its next
meeting subject to condition that the same has not been considered earlier by
the DLC, further providing that if the said application has been considered by
the DLC, the decision therein shall be considered to the petitioner.
4. Thereafter, the application of the petitioner for appointment on
compassionate ground was taken up for consideration and as per the minutes of
the meeting of DLC, Goalpara held on 23.12.2022, the name of the petitioner
was recommended under paragraph-2.1 of the said minutes for appointment on
compassionate ground. However, as nothing has happened, the petitioner has
filed the present writ petition under Article 226 of the Constitution of India for
issuance of a direction upon the SLC to consider the case of the petitioner for
appointment to the post of Constable (Grade-III) as per the Govt. Scheme.
5. The learned counsel for the petitioner has submitted that prior to the
minutes of the meeting of the DLC, Goalpara, which was held on 23.12.2022,
the State Govt. has withdrawn the Appointment of Compassionate Ground
Scheme and the Scheme for Compassionate Appointment was superseded by
Compassionate Family Pension Scheme w.e.f. 01.04.2017. Accordingly, it is
submitted that the petitioner be only entitled to the benefit under the
Compassionate Family Pension Scheme.
6. The learned Govt. Advocate, in his usual fairness, has submitted that
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considering the various judicial pronouncements in the issue of compassionate
appointment and in light of the judgment passed by the Supreme Court of India
in the case of State of West Bengal v. Debabrata Tiwari & Ors, (2023) 0
Supreme(SC) 191, the Govt. of Assam, Department of Personnel had issued an
executive order bearing No. ABP.107/2024/Pt./102 dated 30.08.2025 and on a
query of the Court, the learned Govt. Advocate has submitted that the
candidature of the petitioner can only be examined under paragraph-4 of the
said executive order dated 30.08.2025.
7. Accordingly, in light of the said executive order dated 30.08.2025,
referred above, the Court is inclined to dispose of this writ petition by directing
the respondent no.3, i.e. the Director General of Civil Defence and Commandant
General of Home Guards, Assam, who is stated to be appointing authority under
paragraph-2.1 of the minutes of the DLC meeting dated 23.12.2022, to take a
decision in respect of the petitioner considering the DLC recommendation dated
23.12.2022 and in light of the executive order dated 30.08.2025.
8. Accordingly, this writ petition stands disposed of at the motion stage
without issuance of notice on the respondents.
9. The petitioner shall produce a certified copy of this order before the
respondent no.3 to bring the order to the notice of the said authority for doing
the needful.
JUDGE
Comparing Assistant
