Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 18718 (GAU)

ROKTIM JYOTI SAIKIA v. THE STATE OF ASSAM AND 3 ORS

WP(C)/5130/2025 · 2025-09-02

Nelson Sailo

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010198132025 2025:GAU-AS:11883 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5130/2025 ROKTIM JYOTI SAIKIA S/O- LATE KANTHI RAM SAIKIA, VILL.- DANGDHORA SEKURIA, P.O. MADHOPUR, P.S. TITABAR, DIST. JORHAT, ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF HIGHER EDUCATION, DISPUR, GUWAHATI-781006. 2:STATE LEVEL COMMITTEE (SLC) REPRESENTED BY THE CHIEF SECRETARY-CUM-CHAIRMAN STATE LEVEL COMMITTEE FOR APPOINTMENT FOR COMPASSIONATE GROUND DISPUR GUWAHATI-781006. 3:THE DISTRICT LEVEL COMMITTEE (DLC) REPRESENTED BY THE DISTRICT COMMISSIONER JORHAT ASSAM 4:THE DIRECTOR HIGHER EDUCATION ASSAM KAHILIPARA GUWAHATI-781019 Advocate for the Petitioner : MR. S U AHMED, A R MONDAL Advocate for the Respondent : GA, ASSAM, SC, HIGHER EDU Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 03.09.2025 Heard Mr. S. U. Ahmed, learned counsel for the petitioner and Mr. S. Das, learned Standing Counsel, Higher Education Department, who appears for the respondent Nos. 1 & 4 and Mr. G. Pegu, learned Additional Senior Government Advocate, who appears for the respondent Nos. 2 & 3. [2.] Having regard to the nature of the case projected by the petitioner, the writ petition is taken up for disposal at this stage. [3.] This is the second time the petitioner is before this Court. The earlier writ petition being WP(C) No. 7007 of 2023 was disposed of vide Order dated 06.12.2023 by interfering with the rejection of the application submitted by the petitioner for compassionate appointment and remanding the matter back to the District Level Committee (DLC), Jorhat for fresh consideration. Pursuant thereto, the DLC, Jorhat met on 30.10.2024 and the petitioner was recommended for compassionate appointment to Grade – IV post in any College/Government Office subject to availability of vacancy. The Principal of N. N. Saikia College, Titabar, vide Communication dated 14.02.2025, informed the Director, Higher Education that there was one vacancy which occurred due to the retirement of the incumbent on 31.12.2024 and where the petitioner can be accommodated. Despite the same, since the petitioner has not been considered by the State Level Committee (SLC), the petitioner is before this Court. [4.] The learned counsel for the petitioner submits that the Government of Page No.# 3/4 Assam in the Personnel (B) Department in the meantime had come up with Office Memorandum dated 18.09.2024 by which all compassionate appointments have been stopped in view of the introduction of Compassionate Family Pension Scheme. He submits that aggrieved with the same, a number of similarly situated persons approached this Court by filing their respective writ petition and all the writ petitions were then disposed of by a Common Order dated 03.04.2025 with the lead case being WP(C) No. 342/2025 by directing the respondent authorities concerned to consider all the pending cases in terms of the Scheme formulated by the State Government. The learned counsel also submits that the case of the petitioner is also squarely covered by the said decision and this Court in other subsequent cases had also given a similar direction for consideration of the case of the petitioner concerned by the State Level Committee (SLC) for compassionate appointment. Therefore, the learned counsel submits that similar relief may be granted to the petitioner. [5.] Mr. G. Pegu, learned Additional Senior Government Advocate, submits that in fact the State Government in the Personnel (B) Department had come up with a Notice dated 30.08.2025 inviting all concerned to submit their respective documents and testimonials on or before 15.09.2025 so that the SLC can consider their case for compassionate appointment. Therefore, the petitioner in the present case may also submit the requisites for considering his case. [6.] In view of above, the writ petition is disposed of by directing the respondent authorities to consider the case of the petitioner in the next SLC in terms of the recommendation made by the DLC, Jorhat on 30.10.2024 in accordance with law. The petitioner shall submit all the requisites in terms of the Notice dated 30.08.2025 to enable the respondent authorities do the Page No.# 4/4 needful. [7.] The writ petition is accordingly disposed of. JUDGE Comparing Assistant