Page No.# 1/4 GAHC010114312025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3110/2025 AMZAD HUSSAIN BARBHUIYA SON OF LATE FOYEZ UDDIN BARBHUIYA, VILLAGE- RONGPUR PART- II, P.O.- SAHABAD, P.S.- KATLICHERRA, DIST- HAILAKANDI, ASSAM, PIN- 788163 VERSUS THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION DEPARTMENT, ASSAM, DISPUR, GUWAHATI- 781006. 2:THE STATE LEVEL COMMITTEE (FOR COMPASSIONATE APPOINTMENT) REPRESENTED BY THE CHAIRMAN-CUM-THE CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR GUWAHATI-781006 3:THE DISTRICT LEVEL COMMITTEE (FOR COMPASSIONATE APPOINTMENT) HAILAKANDI REPRESENTED BY THE CHAIRMAN -CUM-THE DISTRICT/DEPUTY COMMISSIONER HAILAKANDI P.O.AND DISTRICT- HAILAKANDI ASSAM PIN-788151. 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER HAILAKANDI DISTRICT- HAILAKANDI ASSAM PIN- 788151 Page No.# 2/4 Advocate for the Petitioner : MR. A H ALAMGIR, Advocate for the Respondent : SC, ELEM. EDU, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 06.06.2025 Heard Mr. AH. Alamgir, learned counsel for the petitioner. Also heard Mr. D Bora, learned Jr. Government Advocate and Ms. S Konwar, learned Standing Counsel, Elementary Education. 2. The application of the petitioner for appointment on compassionate ground was recommended by the District Level Committee (DLC), Hailakandi. While the matter was pending before the State Level Committee (SLC), the Commissioner and Secretary to the Government of Assam, Personnel Department, had issued the impugned notification dated 18/09/2024, altogether abolishing the scheme for appointment on compassionate ground, as a result of which, the claim of the petitioner got prematurely extinguished. As such, the OM dated 18/09/2024 has been put under challenge in the present writ petition. 3. By referring to the judgment and order dated 03/04/2025 passed by a Coordinate Bench in WP(C) 342/2025 and the batch of connected writ petitions, the learned counsel for the petitioner submits that in view of the observations made in paragraphs 9 & 10 of the said judgment, the petitioner’s case deserves to be examined and appropriate decision be Page No.# 3/4 taken in respect thereof, by the SLC. 4. The learned Jr. Government and Standing Counsel, Elementary Education have also fairly agreed to the said proposition. 5. By the said judgment and order dated 03/04/2025 passed in WP(C) 342/2025, a Coordinate Bench had disposed of several writ petitions wherein, the same OM dated 18/09/2024 was under challenge. The operative part of the judgment is contained in paragraphs 9 & 10, which are reproduced 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. 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 Page No.# 4/4 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.” 6. Since there is consensus at the Bar that the petitioner’s case will be covered by the aforesaid judgment and order dated 03/04/2025 passed by this Court, this writ petition is being disposed of at the stage of motion hearing by providing that the SLC shall consider the case of the writ petitioner in the light of the observations made in paragraphs 9 and 10 of the judgment and order dated 03/04/2025 and take appropriate decision in the matter, as may be permissible under the law. 7. Whatever be the outcome of the process, the same be intimated to the petitioner in writing without any undue delay. 8. With the above observations, the writ petition stands disposed of. JUDGE Comparing Assistant