Page No.# 1/4 GAHC010106762025 2025:GAU-AS:7224 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2986/2025 DAVID GOGOI S/O- LATE BHUPEN GOGOI, R/O- WARD NO-3, P.O, P.S AND DIST-DHEMAJI, ASSAM VERSUS THE STATE OF ASSAM AND 4 OTHERS REP BY THE CHIEF SECRETARY CUM CHAIRMAN, STATE LEVEL COMMITTEE, GOVT OF ASSAM, GUWAHATI, ASSAM 2:THE SECRETARY GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-06 3:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM PERSONNEL DEPARTMENT DISPUR GUWAHATI-06 4:THE DISTRICT COMMISSIONER CUM CHAIRMAN DISTRICT LEVEL COMMITTEE DHEMAJI ASSAM PIN-787001 5:THE SUPERINTENDENT OF POLICE DHEMAJI ASSAM Page No.# 2/4 PIN-78700 Advocate for the Petitioner : MR. M SAIKIA, Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM ORDER Date : 04/06/2025 Heard Mr. M. Saikia, learned counsel for the writ petitioner. Also heard Mr. A. Chakraborty, learned Government Advocate, Assam, appearing for the State. The grievance of the petitioner pertains to rejection of his case for consideration for appointment on compassionate ground. The father of the petitioner, who was serving as a Constable (UBC/79) attached with the Superintendent of Police, Dhemaji, Assam, died in harness on 10/09/2015. After the death of the Government servant, who was the sole bread earner of the family, the petitioner had submitted an application on 30/10/2015 seeking appointment on compassionate ground. Vide resolution adopted in the meeting of the District Level Committee (DLC) held on 28/12/2021, the case of the petitioner was rejected by the DLC “due to want of vacancy”. Being aggrieved thereby, the petitioner had approached this Court by filing WP(C) No. 6585/2022. Vide order dated 30/09/2022 passed by this Court in WP(C) 6585/2022, the respondents were directed to keep one Grade-III post vacant. Thereafter, the DLC, Dhemaji, had recommended the case of the petitioner for appointment on compassionate ground. However, despite the lapse of several years, no decision was taken by the State Level Committee (SLC) in the matter, as a result of which, the matter remained pending. However, in the wake of the OM dated 18/09/2024 issued by the Government of Assam, imposing a complete ban on appointment on compassionate ground, the petitioner’s claim has now been extinguished. Aggrieved thereby, he has approached this Court by filing the instant writ petition inter-alia assailing the OM dated 18/09/2024. By referring to the recent judgement of a coordinate Bench rendered on 03/04/2025 in WP(C) 342/2025 and the batch of connected writ petitions as well as the subsequent order dated 28/05/2025 passed by this Court in WP(C) No. 2849/2025, Mr. Saikia has submitted that the case of his client Page No.# 3/4 deserves to be considered by the SLC in the light of the observations made in the judgement and order dated 03/04/2025. After going through the judgement and order dated 03/04/2025, I find that although the learned Single Judge has clarified that the observations made therein would not lay down a binding precedent, yet, there are certain directions and observations, which, in the opinion of this Court, would have a relevant bearing in the outcome of the present petition. In the judgement and order dated 03/04/2025, the learned Single Judge has made the following observations in paragraphs 9 & 10, which are reproduced herein below for ready reference :- “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. 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 Page No.# 4/4 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.” Having regard to the peculiar facts and circumstances of the case and for the ends of justice, I am of the view that the petitioner’s case deserves to be considered in the light of the aforementioned observations. As such, this writ petition is being disposed of at the stage of motion hearing by providing that the petitioner’s case be considered by the SLC in the light of the observations made in paragraphs 9 & 10 of the judgement and order dated 03/04/2025 and appropriate decision, as may be permissible under the law, be taken in the matter. Whatever be the outcome of the process, the same be intimated to the petitioner, in writing, without any undue delay. With the above observations, the writ petition stands disposed of. JUDGE Comparing Assistant