Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 10478 (GAU)

RUBUL GOGOI v. THE STATE OF ASSAM AND 3 ORS

WP(C)/1975/2025 · 2025-04-06

Suman Shyam

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010072932025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1975/2025 RUBUL GOGOI S/O.- LATE CHANDRA GOGOI, R/O.- JAMIRAH KAPOW GAON, P.O. DHAMAL GAON, P.S. BARBARUAH, DISTRICT- DIBRUGARH, ASSAM, PIN- 786004. VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HOME (B) AND POLITICAL DEPARTMENT, ASSAM, JANATA BHAWAN, DISPUR, GUWAHATI-781006. 2:THE DIRECTOR GENERAL OF CIVIL DEFENSE AND COMMANDANT GENERAL OF HOME GUARDS ASSAM BELTOLA GUWAHATI-787018. 3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM PERSONAL (B) DEPARTMENT ASSAM JANATA BHAWAN DISPUR GUWAHATI-781006. 4:THE STATE LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT REPRESENTED HEREIN BY THE CHAIRMAN CUM CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM JANATA BHAWAN DISPUR Page No.# 2/3 GUWAHATI-787006 Advocate for the Petitioner : MR. D GOGOI, P KHATANIAR Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM ORDER 07.04.2025 Heard Mr. D. Gogoi, learned counsel appearing for the writ petitioner. Also heard Mr. R. Dhar, learned Standing Counsel, PWD, Assam appearing for the respondents. The writ petitioner herein is the surviving legal heir of a deceased Govt. servant, who died in harness on 19.04.2014. The application of the petitioner was recommended by the District Level Committee of Dibrugarh for appointment on compassionate ground. However, the SLC had rejected his application by citing the O.M. dated 18.09.2024. Mr. Gogoi submits that the challenge made to the O.M. dated 18.09.2024 has been disposed of by a coordinate Bench of this Court by judgment and order dated 03.04.2025 passed in WP(C) No.342/2025 and the batch of connected writ petitions. The petitioner’s case is squarely covered by the observations made in paragraphs 7 and 10 of the said judgment. Therefore, this writ petition be disposed of accordingly. Mr. Dhar, learned counsel for the respondents has submitted that the case of the petitioner can be reconsidered in the light of the observations made in paragraphs 7 and 10 of the judgment dated 03.04.2025 passed by a coordinate Bench of this Court. Page No.# 3/3 Taking note of the submissions made at the Bar, this writ petition is being disposed of by providing that the case of the petitioner for appointment on compassionate ground be reconsidered/ re-examined by the SLC as per the observations and directions made in paragraphs 7 and 10 of the judgment and order dated 03.04.2025 passed by this Court in WP(C) No.342/2025 and the batch of connected writ petitions. With the above observation, the writ petition stands closed. JUDGE Comparing Assistant