Page No.# 1/11 GAHC010082852025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2199/2025 SRI NABIN PEGU AND ORS SON OF LATE BANI KANTA PEGU, RESIDENT OF VILLAGE-NO.2 DAHGARIA, P.O.-BADATI, P.S.- BADATIGHAT, DISTRICT-LAKHIMPUR, ASSAM, PIN-784161 2: SRI SURESH PEGU S/O- LATE GOPINATH PEGU R/O- VILL- NAMONI KULAMUA GAON P.O.- KAMBONG DIST- LAKHIMPUR ASSAM PIN-787052. 3: SMT SANGEETA BORAH DAUGHTER OF SRI HAREN BORAH R/O- VILL- NO.1 KOWADANGA P.S.- BOWBOICHA DIST- LAKHIMPUR ASSAM PIN-787060 4: SRI BOLIN RAJKHOWA SON OF LATE GUNARAM RAJKHOWA R/O- VILL- NO.1 TENGAPATHAR P.O.- RAIDONGIA DIST- LAKHIMPUR ASSAM PIN-784164 5: SMT ARUNA GOGOI DAUGHTER OF LATE THANESWAR GOGOI R/O- VILL- HALMARI P.S.-GOGAMUKH DIST-DHEMAJI ASSAM Page No.# 2/11 PIN-787034 6: MISS GITIKA BORAH DAUGHTER OF LATE KUSHAL BORA R/O- CHAKULIBHARIA P.O.- BOGALIJAN DIST- LAKHIMPUR ASSAM PIN-78703 VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT 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 SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF SCHOOL EDUCATION DISPUR GUWAHATI-781006 4:THE COMMISSIONER AND SECRETARY GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI 6 BEFORE HON’BLE MR. JUSTICE ROBIN PHUKAN Advocate for the Petitioners :-Mr. L. Gogoi Advocate for the respondents :-Mr. B. Kaushik, SC, Elementary Education Department, :-Mr. G. Pegu, Sr. Govt. Advocate. Page No.# 3/11 Date of Hearing & :- 28.04.2025. Date of Judgment & Order :- 28.04.2025. JUDGEMENT & ORDER (CAV) Heard Mr. L. Gogoi, learned counsel for the petitioners. Also heard Mr. B. Kaushik, learned Standing Counsel, Elementary Education Department and Mr. G. Pegu, learned Senior Government Advocate for the respondents. 2. Six petitioners, namely, Sri Nabin Pegu, Sri Suresh Pegu, Smt. Sangeeta Borah, Sri Bolin Rajkhowa, Smt. Aruna Gogoi and Miss Gitika Borah approached this Court by filing the present petition under Article 226 of the Constitution of India, to set aside the Office Memorandum dated 18.09.2024, issued by the Commissioner & Secretary to the Government of Assam, Personnel (B) Department, Dispur in respect of the petitioners deciding not to place any propsals before the State Level Committee (SLC) for recommendation of candidates for appointed on compassionate ground and also to direct the respondent authorities more particularly, the State Level Committee to consider the cases of the petitioners for being appointed on compassionate ground against any post as per their qualification. The background facts, leading to filing of the present petition are briefly stated as under:- “The case of the petitioner No.1, (Sri Nabin Pegu), is that his father namely, Bani Kanta Pegu, died in harness on 08.03.2015, while serving as Assistant Teacher in Dahagharia Anandi Gaonbura L.P. School, in the district of Lakhimpur. Thereafter, on 24.03.2015, he filed an application Page No.# 4/11 before the Block Elementary Education Officer, Bihpuria for being appointed on compassionate ground and the same was forwarded to the In-Charge Inspector of Schools, North Lakhimpur on 18.05.2015. Thereafter, as per order of this Court in WP(C) No. 3692/2023, his application was placed before the District Level Committee (DLC), Lakhimpur and the said DLC has recommended his application and forwarded the same to the SLC for further consideration. But, the same has not yet been considered. The case of the Petitioner No.2, (Sri Suresh Pegu), is that his father Gopinath Pegu, died in harness on 17.05.2007, while he was serving as an Assistant Teacher in 440 No. Kukilamua L.P. School. The petitioner then preferred an application for being appointed on compassionate ground on 06.08.2007, before the Inspector of Schools, Lakhimpur. The District Elementary Education Officer, Lakhimpur forwarded the application of the petitioner to the Deputy Commissioner, Lakhimpur on 05.06.2008. Thereafter, his name was recommended by the DLC, Lakhimpur and subsequently, the SLC recommended his name for being appointed as Grade-III (Assistant Teacher) post in its meeting held on 01.04.2014. The petitioner joined as Assistant Teacher in Baruns Chuk L.P. School in Lakhimpur district on 16.02.2015. Thereafter, some of the petitioners approach this Court by filing WP(C) No. 278/2017, on the ground that the Deputy Commissioner, Lakhimpur has forwarded a fake Minutes of DLC to the SLC for recommendation, and did not sent the genuine one. Then this Court was pleased to set aside the appointment and pursuant to the order of this Court dated 28.05.2018, the respondent No.2, has terminated the petitioner vide order dated 14.06.2021, his application was not considered Page No.# 5/11 by the District Level Committee, though some of the private respondents in the said writ petition were recommended for being appointed by the SLC. Thereafter on 23.08.2023, the Joint Secretary to the Govt. of Assam, Department of School Education, Dispur directed the Deputy Commissioner to place the names of terminated teachers in afresh DLC meeting, but the petitioner’s name is not mentioned in the said letter. Thereafter, vide letter dated 23.08.2023, the Joint Secretary, Department of School Education, Dispur has directed the Deputy Commissioner, Lakhimpur to place the application of the petitioners before DLC. As per DLC meeting held on 01.09.2023, recommended the name of petitioner Nos. 2 & 3 and forwarded their application to the SLC, but the same is still under consideration. The case of the petitioner No. 3, (Smt. Sangeeta Borah), is that her mother Krishna Lata Saikia Borah expired on 19.01.2018, while serving as an Assistant Teacher in 428 No. Kowadanga L.P. School. The petitioner then submitted an application for compassionate appointment on 20.02.2008, before the Inspector of Schools, Lakhimpur. The petitioner’s name was recommended by the DLC, Lakhimpur and subsequently, SLC also recommended her name for Grade-III (Assistant Teacher) post in its SLC meeting dated 01.04.2014. She joined in said post in 13 No. Bantow L.P. School in Lakhimpur district on 03.09.2014. But, some of the applicants whose names were not recommend by the DLC filed writ petitions vide WP(C) No.278/2017, WP(C) No.302/2017, WP(C) No.305/2017 and WP(C) No. 307/2017, challenging that they were recommended by the DLC, Lakhimpur in its meeting dated 16.03.2013, but the Deputy Commissioner, Lakhimpur had forwarded a fake Minutes of Page No.# 6/11 DLC to the SLC for recommendation, and did not sent the genuine one. Thereafter, this Court had set aside the appointment of the private respondents and directed to reconsider the case of the private respondents for compassionate appointment as per law in next DLC meeting vide order dated 28.05.2018. Thereafter, she was terminated from service on 14.06.2021, Thereafter, vide letter dated 23.08.2023, the Joint Secretary to the Govt. of Assam, Department of School Education, Dispur directed the District Commissioner, Lakhimpur to place the names of the terminated teachers in afresh DLC meeting but, the petitioner’s name is not mentioned in the said letter. Thereafter, by subsequent letter dated 23.08.2023, the Joint Secretary, directed the District Commissioner, Lakhimpur to place the application of the petitioner in DLC meeting and as per the said letter, DLC meeting was held on 01.09.2023 and the names of the petitioner Nos. 2 & 3, were recommended and forwarded to the SLC, but the same is still under consideration. That the case of the petitioner No.4,(Sri Bolin Rajkhowa) is that his father Gunaram Rajkhowa was working as a Grade-IV employee of Panbari Majgaon Majoliya Bidyalaya. He died in harness on 04.05.2012, and then the petitioner filed an application for compassionate appointment on 21.06.2012, and his name was recommended by the DLC, Lakhimpur and its meeting held on 16.03.2013 and subsequently, SLC also recommended the name of the petitioner as for Grade-IV post, in its meeting dated 01.04.2014, and accordingly, he joined in the service as Grade-IV employee in Balipathar Anchalik M.E. School, Lakhimpur. Thereafter, he was transferred from Kachua M.E. School, Lakhimpur vide order dated 18.12.2015. Thereafter, some of the applicants whose names were not Page No.# 7/11 recommended by the DLC in its meeting dated 16.03.2013 filed writ petitions before this Court vide WP(C) No.278/2017, WP(C) No.302/2017, WP(C) No.305/2017 and WP(C) No. 307/2017 challenging the recommendation of DLC, Lakhimpur in its meeting dated 16.03.2013, on the ground that the District Commissioner, Lakhimpur had forwarded a fake Minutes of DLC to the SLC for recommendation, and did not sent the genuine one. Thereafter, this Court had set aside the appointment of the private respondents and directed to reconsider the case of the private respondents for compassionate appointment as per law in next DLC meeting vide order dated 28.05.2018. Thereafter, he was terminated from service on 10.08.2018, Thereafter, he filed a writ petition before this Court vide order dated 26.06.2023, being WP(C) No. 6950/2022, then this Court directed the DLC, Lakhimpur to reconsider the application of the petitioner. The DLC, Lakhimpur by its minutes dated 07.07.2023, recommended the petitioner’s name and forwarded it to SLC for further consideration, But the same has not yet been considered. The case of the petitioner No.5 (Smt Aruna Gogoi) is that her father Thaneswar Gogoi, was working as a Teacher at Shalmari Mising L.P. School and he died in harness on 08.03.2005. The petitioner filed an application on 07.08.2005, for compassionate appointment. But, the same was not placed before the DLC. The petitioner then filed another application on 07.02.2022. The DLC, Dhemaji in its meeting dated 11.02.2022, recommended the case of the petitioner No.5 and forwarded to the SLC for consideration. But, SLC in its meeting held on 26.08.2022, rejected the petition on the ground that the petitioner did not attain 18 years of age, when she applied for the post. She then filed one writ Page No.# 8/11 petition being WP(C) No. 6776/2022, and this Court vide order dated 15.02.2023 disposed of the writ petition directing the SLC to consider the case of the petitioner in it next SLC meeting, but the same is still pending. And the case of the petitioner No.6 (Miss Gitika Borah), is that her father Kushal Borah, died in harness on 16.01.2005, while serving as S.I. at Kokrajhar while she was minor. After attaining majority, she filed an application for compassionate appointment before the Superintendent of Police, Lakhimpur on 12.06.2023, the proposal was forwarded to the District Commissioner, Lakhimpur on 23.05.2023. The DLC, Lakhimpur in its meeting dated 07.07.2023, recommended the petitioner No.6, and forwarded her name to SLC for further consideration, but the same is still under consideration.” 3. Mr. Gogoi, learned counsel for the petitioner submits that the case of all the petitioners herein are pending before the SLC for consideration and the SLC has not taken a decision as in the meantime, the Government has issued impugned Office Memorandum bearing No.ABP.104/2024/90 dated 18.09.2024, whereby it has decided 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 prematurely 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. And the said OM was issued by in view of the judgment dated 03.03.2023 passed by the Hon’ble Supreme Court in Civil Appeal Nos.8842-8855/2022, in the case of State of Page No.# 9/11 West Bengal Vs. Debabrata Tiwari & Ors. 4. Mr. Gogoi, further submits that thereafter, the aforementioned OM dated 18.09.2024, was challenged before this Court in number of writ petitions and one of them being WP(C) No.457/2025 and during the course of hearing, in the said writ petition, the learned Advocate General, Assam made a proposal that the Government has decided not to press all applications for compassionate appointment in relation to the cases which were pending before the Court challenging the impugned OM dated 18.09.2024, shall be considered by the concerned authorities on merit and thereafter, taking note of the aforementioned submission, this Court was pleased to dispose of the said writ petition with a direction that all applications for compassionate appointment submitted by the petitioners shall be considered and disposed of by the DLC/SLC on merit. Taking into consideration the various guidelines prior to 01.04.2017, laid down by the State Government for compassionate appointment and the Judgment of the Hon’ble Supreme Court and the High Court and consequently, the rejection of all the compassionate appointment by the DLC/SLC, which have been put to challenge and are pending before the Gauhai High Court as on 03.04.2025, are set aside and further directed that consideration of the various applications for compassionate appointment and the decisions shall be taken in each case on merit and the present petitioners may be granted similar reliefs as granted to the petitioners in WP(C) No. 342/2025 and linkage WP(C) No. 457/2025. 5. Mr. G. Pegu, learned Senior Government Advocate, Assam and also Mr. B. Kaushik, learned Standing Counsel, Elementary Education Department submits that they have no objection in the event of granting similar relief to the petitioners as granted to the petitioners of WP(C) No. 342/2025 and linkage Page No.# 10/11 WP(C) No. 457/2025. 6. Accordingly, taking note of the submission of learned counsel for both the parties, and as agreed upon, this Court is inclined to dispose of this petition by granting similar relief like the petitioners of WP(C) No. 342/2025 and link case being WP(C) No. 457/2025, as provided in paragraph Nos. 9 and 10, which are extracted herein below:- “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 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. Page No.# 11/11 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.” 7. In terms of above this WP(C) No. 2199/2025, stands disposed of at the motion stage itself. JUDGE Comparing Assistant