Page No.# 1/4 GAHC010190492023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5079/2023 SAHAB UDDIN MAZUMDER S/O- LATE SIRAJ UDDIN MAZUMDER, R/O- HAILAKANDI TOWN, WARD NO-11, HOLDING NO-120, P.O- R.P ROAD, P.S AND DIST- HAILAKANDI, ASSAM, PIN-788155 VERSUS THE STATE OF ASSAM AND 4 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, PUBLIC WORKS DEPARTMENT, DISPUR, GUWAHATI-781006, ASSAM 2:THE STATE LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT REPRESENTED HEREIN BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM SACHIVALAYA DISPUR GUWAHATI-06. 3:THE DISTRICT LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT CACHAR REPRESENTED BY THE CHAIRMAN CUM DISTRICT COMMISSIONER CACHAR ASSAM 4:THE CHIEF ENGINEER PUBLIC WORKS DEPARTMENT CHANDMARI GUWAHATI-03 5:THE EXECUTIVE ENGINEER Page No.# 2/4 PWD SILCHAR BUILDING DIVISION CACHAR SILCHAR ASSA Advocate for the Petitioner : MR. S ROY, L HANGZO,MR D J HALOI,MR. S A HUSSAIN,G BORO,MR F ABDULLAH,M. HOSSAIN,MR. M H LASKAR Advocate for the Respondent : GA, ASSAM, SC, P W D BEFORE HON’BLE MR. JUSTICE KARDAK ETE O R D E R Date : 09.04.2025. Heard Mr. D.J. Haloi, learned counsel for the petitioner. Also heard Mr. J.K. Goswami, learned Addl. Senior Govt. Advocate, Assam for the respondent Nos.2 & 3 as well as Mr. B. Choudhury, learned standing counsel for the PWD Department, appearing for respondent Nos.1, 4 & 5. 2. By filing this writ petition, the petitioner has sought for a direction to the respondent authorities to consider the case of the petitioner for appointment on compassionate ground, in terms of the recommendation of the District Level Committee (in short ‘the DLC’), vide its meeting dated 31.12.2021. 3. The case in brief, is that the father of the petitioner late Siraj Uddin Mazumder, while serving as Grade-IV employee under the Executive Engineer, PW Department, Silchar Building Division, had died in harness on 19.02.2016. Page No.# 3/4 The petitioner submitted an application on 11.04.2016, before the Executive Engineer, PW Department, Silchar Building Division, for appointment on compassionate ground. However, the same was not considered. Aggrieved by such non-consideration, the petitioner approached this Court by filing a writ petition being WP (C) No.2116/2017, which was disposed of on 07.04.2017, directing the respondent authorities to consider the case of the petitioner by placing the case in the next DLC meeting. 4. It is the contention of the petitioner that pursuant to the above direction of this Court dated 07.04.2017, the DLC in its meeting held on 31.12.2021 decided and observed that there is no post available in the respective office and also in other offices of the District under compassionate quota, the Executive Engineer, PW Department, Building Division, Silchar shall take suitable action as per Clause 15 of the Office Memorandum dated 01.06.2015, by sending the proposal to the Head of the Administrative Department, to take up the matter with other Departments of the Government, for an early appointment on compassionate ground. 5. Mr. D.J. Haloi, learned counsel for the petitioner submits that despite such observation, the respondent authorities have failed to consider the case of the petitioner. Therefore, direction may be issued to the respondent authorities to place the case of the petitioner for appointment on compassionate ground before the State Level Committee (in short ‘the SLC’). 6. Mr. J.K. Goswami, learned Addl. Senior Govt. Advocate, Assam submits that since the case of the petitioner has not been completely rejected, it would be appropriate to direct to place the matter before the SLC for consideration. Page No.# 4/4 7. Having considered the submissions of learned counsel for the parties and also considering that there is no dispute as regards the claim of the petitioner as well as the decision of the DLC, it would be appropriate to direct the departmental respondent authorities in the PWD Department to place the matter before the DLC and the DLC in its turn, shall consider and place the matter before the SLC for consideration. 8. Accordingly, it is directed that the authorities in the PWD Department to work out the vacancies and place the matter before the DLC, within a period of one month from the date of receipt of the certified copy of this order. Thereafter, the DLC shall place the matter before the SLC for consideration. 9. The entire exercise by the DLC and the SLC shall be completed within a period of three (3) months from the date of receipt of the proposal from the Department of PWD. 10. The writ petition stands disposed of in terms of the above. JUDGE Comparing Assistant