Page No.# 1/5 GAHC010098102025 2025:GAU-AS:6198 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2635/2025 MUSTAFA MAHMOOR KHAN S/O LT ABDUR RAQUIB KHAN VIL RATANPUR PO KALIGANJ DIST KARIMGANJ ASSAMPIN 788710 VERSUS THE STATE OF ASSAM AND ORS REP BY THE CHIEF SECRETARY TO THE GOVT OF ASSAM DISPUR GUWAHATI 781006 2:THE CHAIRMAN OF STATE LEVEL COMMITTEE (SLC) FOR APPOINTMENT ON COMPASSIONATE GROUND DISPUR GUWAHATI 6 3:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM PERSONNEL DEPTT DISPUR GUWAHATI 6 4:THE SECRETARY TO THE GOVT OF ASSAM DEPTT OF SCHOOL EDUCATION DISPUR GUWAHATI 6 5:THE DIRECTOR OF SECONDARY EDUCATION KAHILIPARA GUWAHATI 781019 6:THE DISTRICT COMMISSIONER CUM CHAIRMAN OF DISTRICT LEVEL COMMITTEE (DLC) KARIMGANJ FOR APPOINTMENT ON COMPASSIONATE GROUND KARIMGANJ ASSAM PIN 78871 Advocate for the Petitioner : MRS R BEGUM, MS. S B CHOUDHURY Advocate for the Respondent : SC, SEC. EDU., GA, ASSAM Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR ORDER Date : 19.05.2025 Heard Ms. S. B. Choudhury, learned counsel for the petitioner. Also heard Ms. S. Konwar, learned Government Advocate, for the respondent Nos. 1, 2, 3 & 6 and Mr. U. Sharma, learned Standing Counsel, Secondary Education Department, for the respondent Nos. 4 & 5. 2. The father of the petitioner “Late Abdur Raquib Khan”, while serving as an Assistant Teacher in the Purahuria Senior Madrassa, Karimganj District, died-in- harness on 29.12.2006. At the time of death of his father, the petitioner was a minor and after attaining majority, the petitioner made an application for appointment on compassionate grounds on 04.06.2017. However, as the case of the petitioner was not placed before the concerned District Level Committee, the petitioner approached this Court by filing WP(C)/5337/2023 which was disposed of by an Order dated 12.10.2023 directing that the application of the petitioner be placed before the next available DLC of Karimganj district for its consideration. 3. Thereafter, the District Level Committee, Karimganj district, in its meeting held on 30.11.2023 recommended the case of the petitioner to any Grade – III post in any administrative Department/Office as per availability as per the prescribed quota of 5% in terms of Paragraph- 15 of the Office Memorandum dated 01.06.2015. 4. In the meantime the Personnel (B) Department, Government of Assam, Page No.# 3/5 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. 5. 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.” 6. Mr. S. Konwar, learned Government Advocate, submits that as the petitioner has already been recommended by the concerned DLC in its meeting held on 30.11.2023 and also in view of 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 State Level Committee in its next immediate setting. 7. Recording the submissions made by the learned Government Advocate, this writ petition is accordingly disposed of directing the State Level Committee to consider the case of the petitioner in terms of the recommendation made by the DLC, Karimganj district, in its meeting held on 30.11.2023 in its next immediate Page No.# 5/5 setting. However, if the case of the petitioner has already been considered, the outcome of such consideration shall also be communicated to the petitioner forthwith. 8. With the above observations and directions, this writ petition is disposed of. JUDGE Comparing Assistant