MD. KUTUBUDDIN AHMED v. THE STATE OF ASSAM AND 8 ORS.
WP(C)/3104/2022 · 2025-08-03
Soumitra Saikia
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 11456 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11456 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010145082025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) WP(C)/3104/2022 MD. KUTUBUDDIN AHMED S/O- LATE ASCHAD ALI VILL.- BAMUNGAON P.O. PUTHIMARI P.S. KAMALPUR DIST.- KAMRUP ASSAM PIN- 781380. VERSUS THE STATE OF ASSAM AND 8 ORS.
REPRESENTED BY THE CHIEF SECRETARY GOVERNMENT OF ASSAM DISPUR GUWAHATI-6.
2:THE STATE LEVEL COMMITTEE (SLC) ASSAM DISPUR GUWAHATI-6.
3:THE CHIEF SECRETARY/CHAIRMAN OF THE STATE LEVEL COMMITTEE (SLC) DISPUR GUWAHATI-6.
4:THE COMMISSIONER AND SPECIAL SECRETARY TO THE GOVT. OF ASSAM PUBLIC WORKS DEPARTMENT (RR) DISPUR GUWAHATI-6.
5:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
Page No.# 2/4 PERSONNEL DEPARTMENT DISPUR GUWAHATI ASSAM-6.
6:THE JOINT SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT (REPRESENTED ON BEHALF OF THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6.
7:THE DISTRICT LEVEL SELECTION COMMITTEE (DLSC) KAMRUP AMINGAON PIN- 781031.
8:THE DEPUTY COMMISSIONER KAMRUP AMINGAON GUWAHATI PIN- 781031.
9:THE EXECUTIVE ENGINEER PWD RANGIA RURAL ROADS DIVISION RANGIA P.O. RANGIA DIST.- KAMRUP ASSAM PIN- 781354. ------------ Advocate for : MD M S ALI Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 8 ORS.
BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER 04.08.2025
Heard Md. MS Ali, learned counsel for the petitioner. Also heard Ms. M.
Page No.# 3/4 Bhattacharya, learned Additional Senior Government Advocate, Assam.
2. This writ petition is filed by the petitioner being aggrieved that although his case was recommended by the District Level Committee (DLC), Kamrup in its minutes of the meeting dated 18.03.2020 for appointment on compassionate ground in Grade-IV post under the Office of the Executive Engineer, PWD, Rangia Rural Road Division, Kamrup, however, his case was rejected by the State Level Committee (SLC) by its meeting held on 15.02.2022 showing him to be under qualified. The petitioner thereafter submitted a representation dated 12.04.2022 where he had ventilated his grievance before the Chief Secretary, Government of Assam on the ground that he was being wrongly rejected to be under qualified although he has all the essential qualification required and upon due consideration of the same, the DLC had recommended him for appointment. The said representation, according to the petitioner, has not been
disposed of by the respondent no.1. No communication or order has been passed by the Chief Secretary to the Government of Assam on the said representation dated 12.04.2022. Being aggrieved, the present writ petition has been filed.
3. No counter affidavit has been filed by the respondents in spite of the notice being issued in the matter.
4. Considering the prayer made in the present writ petition seeking a direction for setting aside the order dated 15.02.2022 stated to have been passed by the SLC, in the absence of any affidavit filed by the respondent authorities, this Court is of the considered view that the writ petition can be closed with a specific direction to the Chief Secretary, Government of Assam, namely, the respondent no.1 to dispose of the representation dated 12.04.2022 for ventilating his grievance that the petitioner has adequate qualification for being
Page No.# 4/4 considered for appointment on compassionate ground in a post of Grade-IV under the Office of the Executive Engineer, PWD, Rangia Rural Road Division. The respondent no.1 while disposing of the representation dated 12.04.2022 will also take into consideration the recommendation of the DLC by its meeting dated 18.03.2020, whereby the petitioner was recommended for appointment on compassionate ground in Grade-IV post under the Executive Engineer, PWD, Rangia Rural Road Division. The credentials in support of the claim made by the petitioner are required to be considered by the respondent no.1 while disposing of the representation. If these credentials are not available on record, the same may be called for from the petitioner by issuing appropriate notice at the postal address given in the writ petition. After due consideration of the matter in its entirety, the appropriate order will be passed on the claims made by the petitioner by the respondent no.1. Let this exercise be completed within a period of 90 (ninety) days from the date of receipt of a certified copy along with a copy of the writ petition and the enclosures, which will be furnished to the office of the respondent no.1 within 10 (ten) days from today. Thereafter, the respondent no.1 will dispose of the representation with a period directed above and shall be served to the writ petitioner.
5. With the above observation and directions the writ petition stands disposed of. JUDGE Comparing Assistant