Page No.# 1/5 GAHC010079652025 2025:GAU-AS:5272 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2070/2025 PULAKESH GOGOI S/O- LATE MAHANANDA GOGOI, R/O- WARD NO 4, NALANIPAM, PO AND PS- DHEMAJI, DHEMAJI, ASSAM 787057 VERSUS THE STATE OF ASSAM AND ORS REP BY THE COMM AND SECY TO THE GOVT OF ASSAM, PERSONNEL DEPTT, GOVT OF ASSAM, DISPUR, GHY- 06 2:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM SECONDARY EDUCATION DEPTT DISPUR GUWAHATI 781006 3:THE ADDITIONAL SECRETARY TO THE GOVT OF ASSAM PERSONNEL B DEPPTT GOVT OF ASSAM DISPUR GUWAHATI 781006 4:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI 19 5:THE STATE LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT REP BY THE CHIEF SECRETARY TO THE GOVT OF ASSAM SACHIGALAYA DISPUR GUWAHATI 78100 Advocate for the Petitioner : MR. M GOGOI, MR A KHANIKAR Advocate for the Respondent : SC, SEC. EDU., GA, ASSAM Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR ORDER Date : 30.04.2025 Heard Mr. A. Khanikar, learned counsel for the petitioner. Also heard Mr. B. Deuri, learned Government Advocate, for the respondent Nos. 1, 3 & 5 and Ms. P. Das, learned Standing Counsel, Secondary Education Department, for the respondent Nos. 2 & 4. 2. The father of the petitioner “Late Mahananda Gogoi”, while serving as Assistant Teacher in Jiadhal High School, Dhemaji died-in-harness on 23.08.2002. Thereafter, the mother of the petitioner submitted an application for compassionate appointment on 01.11.2002. The application filed by the mother of the petitioner was not given a consideration and in the meantime the petitioner attained majority and accordingly he submitted an application on 08.10.2015 for appointment on compassionate grounds. The said application was considered by the DLC of Dhemaji district in its meeting held on 28.12.2021 and the case of the petitioner was recommended for appointment as an Assistant Teacher. However, the SLC in its meeting held on 01.03.2022 rejected the case of the petitioner on the ground that the petitioner was a minor on the date of death of his father and the application of the petitioner was submitted 13 years 1 month 15 days after the death of his father. The petitioner being aggrieved preferred a writ petition being WP(C)/4599/2023, which was disposed of by Order dated 01.09.2023, remanding the matter back to the SLC to consider the recommendation of the DLC of Dhemaji district, which was made on 28.12.2021. Page No.# 3/5 3. In the meantime the Personnel (B) Department, Government of Assam, issued an Office Memorandum on 18.09.2024, wherein it is stated that no cases for appointment on compassionate ground to the family member of State Government employees who died-in-harness or retired prematurely on being declared permanently incapacitated for service or missing and whose whereabouts is not known prior to 31.03.2017, shall be entertained by any Administrative Department/Authority for any reason whatsoever nor be placed before the SLCs/DLCs for recommendation of candidates for appointment on compassionate ground. 4. The said Office Memorandum dated 18.09.2024, was challenged in a number of writ petitions and the leading case was WP(C) No. 342 of 2025. This batch of writ petitions were disposed of by an Order dated 03.04.2025, wherein, the operative portion reads as under: ” 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. (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 Page No.# 4/5 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. 11. The writ petitions are accordingly disposed of.” 5. Learned Government Advocate, Mr. B. Deuri submits that as the petitioner had earlier approached this Court by way of WP(C) No. 4599 of 2023 and by the Order dated 01.09.2023 passed in the said writ petition, the case of the petitioner was remanded back to the SLC for reconsideration and further taking into consideration, the Order dated 03.04.2025 passed in WP(C)/342/2025 and a batch of other writ petitions, the case of the petitioner can now be considered by the SLC in its next immediate sitting. 6. Accordingly, recording the submission made by the learned Government Advocate, this writ petition is disposed of directing the SLC to reconsider the case of the petitioner in terms of the recommendation made by the District Level Committee, Dhemaji on 28.12.2021 in its next immediate sitting, if the Page No.# 5/5 same has not been already considered. In the event the case of the petitioner has been considered, the outcome of such consideration shall also be communicated to the petitioner forthwith. 7. With the above observations and directions, this writ petition is disposed of. JUDGE Comparing Assistant