Page No.# 1/7 GAHC010198482023 2025:GAU-AS:6146 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5666/2023 SIBA PRASAD BURAGOHAIN SON OF LATE RATNESWAR BURAGOHAIN, RESIDENT OF VILLAGE- CHAPAKHOWA, P.O. AND P.S.- CHAPAKHOWA, DISTRICT- TINSUKIA, ASSAM, PIN- 786157. VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE CHIEF SECRETARY, GOVT. OF ASSAM, ASSAM SECRETARIAT, DISPUR, GUWAHATI- 781006. 2:THE STATE LEVEL COMMITTEE (SLC) REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR GUWAHATI- 781006. 3:THE COMMISSIONER AND SPECIAL SECRETARY PUBLIC WORKS BUILDING AND NH DEPARTMENT GOVT. OF ASSAM ASSAM SECRETARIAT DISPUR GUWAHATI- 781006. 4:THE DISTRICT LEVEL COMMITTEE (DLC) DIBRUGARH REPRESENTED BY ITS CHAIRMAN/ DEPUTY COMMISSIONER DIBRUGARH P.O. P.S. AND DISTRICT- DIBRUGARH ASSAM PIN- 786001. Page No.# 2/7 5:THE CHIEF ENGINEER PWD(NH WORKS) ASSAM CHANDMARI GUWAHATI- 781003. 6:THE EXECUTIVE ENGINEER PWD NH DIVISION DIBRUGARH PIN- 786007. 7:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PERSONNEL DEPARTMENT DISPUR GUWAHATI- Advocate for the Petitioner : MR. P J SAIKIA, SR. ADV, MS M NIROLA,MR. P BORDOLOI Advocate for the Respondent : GA, ASSAM, SC, PWD BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 16.05.2025 Heard Mr. P. Bordoloi, learned counsel for the petitioner and Mr. J.K. Goswami, learned Additional Senior Government Advocate for the respondent Nos. 1, 2 & 4. None appears for the respondent No. 3. 2. The grievance of the petitioner, being sought to be addressed in this petition, under Article 226 of the Constitution of India, is that his father, Late Ratneswar Buragohain was working as a Section Assistant in the office of the Executive Engineer, PWD NH Division, Dibrugarh and he died in harness on 08.01.2015. Thereafter, the petitioner, being eligible, applied for compassionate appointment on 25.02.2015, to any Grade – III post. 2.1. Then, having found the petitioner to be eligible in all aspects and Page No.# 3/7 also having seen the vacancy for the year 2014, as 11 in numbers, in Section Assistant posts, the District Level Committee (DLC hereinafter) in its meeting held on 12.05.2015, recommended his name for appointment in Grade – III post and on being recommended, he was waiting for consideration of his name by the State Level Committee (SLC hereinafter). But, nothing was forthcoming for a long period from the authorities, in spite of his repeated approach. 2.2. Thereafter, he filed an application under the RTI Act on 30.06.2023. Then, he came to know that the SLC, in its meeting held on 20.08.2018, on the ground of elapsed of three years, violating the Clauses of the Office Memorandum (OM hereinafter) dated 01.06.2015, which is meant for appointment on compassionate ground on various Departments in the State of Assam, had rejected his application. 2.3. Being aggrieved, the petitioner has approached this court by filing this writ petition for challenging the order dated 20.09.2018, and with a prayer for issuing direction to the respondent authorities to appoint him on compassionate ground. 3. Mr. Bordoloi, learned counsel for the petitioner, referring to a decision of a coordinate bench of this court, dated 03.04.2025, passed in W.P. (C) No. 342/2025, especially to paragraph Nos. 9 & 10 of the said judgment, submits that the case of the present petitioner is covered by the aforesaid judgment. Mr. Bordoloi further submits that as the present petition was filed on 22.09.2023, similar relief granted to the petitioner of the W.P.(C) No. 342/2025 may also be granted to the present petitioner and issue a direction to the respondent authorities to decide matter of the present petitioner on merit. 4. On the other hand, Mr. Goswami, learned Additional Senior Page No.# 4/7 Government Advocate for the respondent Nos. 1, 2 & 4 submits that he has no objection in the event of granting similar relief to the present petitioner as granted to the petitioner in W.P.(C) No. 342/2025, at paragraph No. 10. 5. Having heard the submissions of learned counsel for both the parties, I have carefully gone through the petition as well as the documents placed on record and also perused the minutes of the meeting of the SLC dated 20.08.2018 and also the decision of a coordinate bench of this court in W.P.(C) No. 342/2025. 6. It is to be noted here that coordinate bench of this court in W.P.(C) No. 342/2025 has granted following reliefs to the petitioner:- "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. Page No.# 5/7 (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 impugned OM dated 18.09.2024, though the judgment provided therein, l.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." Page No.# 6/7 7. In the case in hand, the basic facts of the case are not in dispute. The father of the petitioner, Late Ratneswar Buragohain died in harness on 08.01.2015, while he was working as a Section Assistant in the office of the respondent No. 6. It is also not in dispute that the petitioner is qualified for being appointed in Grade – III post on compassionate ground and accordingly, he filed an application on 25.02.2015, and his case was considered by the DLC in its meeting held on 12.05.2015. However, the same was rejected by the SLC in its meeting held on 20.08.2018, on the ground that three years have already been elapsed in terms of the Clauses of the OM dated 01.06.2015. 8. Taking note of the submissions of learned counsel for both the parties and also considering the facts and circumstances discussed above and also considering the fact that the delay of three years is not attributable to the petitioner, this court is inclined to relegate the matter of the petitioner to the SLC for a fresh consideration on merit as he filed his application on 25.02.2015, immediately after the demise of his father. 9. Therefore, the matter of compassionate appointment of the present petitioner stands relegated to the SLC for fresh consideration on merit by taking into account that various guidelines were laid down by the State Government prior to 01.04.2017, for compassionate appointment and also taking note of the judgments of Hon’ble Supreme Court and this court. The order of the SLC dated 20.08.2018, stands set aside. 10. It is, however, made clear that while deciding the case of the petitioner, the respondent authorities shall not take recourse to the OM dated 18.09.2024. But, may consider the judgment of Hon’ble Supreme Court referred in the aforesaid memo, i.e. State of West Bengal vs. Debabrata Tiwari Page No.# 7/7 and Others in Civil Appeal No. 8842-8855/2020. 11. In terms of above, this writ petition stands disposed of. The petitioner shall obtain a certified copy of this order and place the same before the respondent authorities within a period of two weeks from today. JUDGE Comparing Assistant