Page No.# 1/4 GAHC010070022025 2025:GAU-AS:4017 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1881/2025 SRI PRITAM CHAKARABORTY S/O LATE BIMALENDU CHAKRABORTY, R/O VILLAGE DWARBOND, P.O.DWARBOND, DISTRICT CACHAR, ASSAM, PIN 788113 VERSUS THE STATE OF ASSAM AND 7 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY, ELEMENTARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI-6 2:THE COMMISSIONER AND SECRETARY GOVT. OF ASSAM PERSONAL DEPARTMENT DISPUR GUWAHATI-6. 3:THE ADDITIONAL SECRETARY TO THE GOVT.OF ASSAM PERSONAL (B) DEPARTMENT DISPUR GUWAHATI. 4:THE DIRECTOR ELEMENTARY EDUCATION KAHILIPARA GUWAHATI-19. 5:THE DISTRICT COMMISSIONER CACHAR CUM CHAIRMAN Page No.# 2/4 DISTRICT LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT DIST.CACHAR PIN-788001 6:THE DISTRICT ELEMENTARY EDUCAITON OFFICER CACHAR SILCHAR ASSAM PIN-788001. 7:THE DEPUTY INSPECTOR OF SCHOOLS CACHAR CACHAR SILCHAR ASSAM PIN-788001 8:THE BLOCK ELEMENTARY EDUCATION OFFICER NARSINGPUR BLOCK P.O. NARSINGPUR DIST. CACHAR ASSAM PIN-78811 Advocate for the Petitioner : MR. I ALAM, MR. T SK Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER 04.04.2025 Mr. T. Sk., learned counsel for the petitioner submits that the petitioner’s application for compassionate appointment was not recommended due to non availability of vacancies by the DLC. Further, the Government of Assam had Page No.# 3/4 issued a fresh O.M. dated 18.09.2024, wherein it has held that the policy on compassionate appointment would not be applicable to family members of the Government servants, who had expired prior to 01.04.2017. He further submits that a batch of writ petitions, the lead case being WP(C) NO.342/2025, had been disposed of vide order dated 03.04.2025, with the consent of the State Government and the petitioners therein, which was to the effect that the State Government would decide on merit, all pending cases relating to compassionate appointment in this Court, wherein the O.M. dated 18.09.2024 had been put to challenge. He accordingly submits that the present writ petition should also be disposed of in line with the order dated 03.04.2025 passed in a batch of writ petitions, the lead case being WP(C) No. 342/2025. 2. Mr. P. Saikia, learned counsel for the respondent Nos. 1, 3 & 5 and Ms. N. Phukan, learned counsel for the Elementary Education Department submit that they have no objection with the prayer made by the petitioner’s counsel. 3. Para 9 & 10 of the order dated 03.04.2025 passed in WP(C) No.342/2025 states as follows:- “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. Page No.# 4/4 (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 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, 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.” 4. As the counsels for the parties submit that the present case should be disposed of in line with the direction passed in WP(C) No.342/2025, the present case is also disposed of in line with the order dated 03.04.2025 passed in WP(C) No.342/2025. JUDGE Comparing Assistant