Page No.# 1/5 GAHC010210542025 2025:GAU-AS:13155 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5578/2025 NABIN HUSSAIN OZAH S/O- LATE GOHER OZAH, VILL. AND P.O. KHANGRA, P.S. TARABARI, DIST. BARPETA, ASSAM, PIN- 781305. VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, DISPUR, GUWAHATI-781006. 2:THE CHAIRMAN OF STATE LEVEL COMMITTEE (SLC) FOR APPOINTMENT ON COMPASSIONATE GROUND DISPUR GUWAHATI-781006. 3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM PERSONNEL DEPARTMENT DISPUR GUWAHATI-781006. 4:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM P.W.D. DEPARTMENT DISPUR GUWAHATI-6. 5:THE CHIEF ENGINEER PWD (ROAD) CHANDMARI GUWAHATI-3 ASSAM Page No.# 2/5 6:THE DISTRICT COMMISSIONER CUM CHAIRMAN OF DISTRICT LEVEL COMMITTEE (DLC) BARPETA FOR APPOINTMENT ON COMPASSIONATE GROUND BARPETA ASSAM PIN- 781301. 7:THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT RURAL ROADS DIVISION BARPETA P.O. AND DIST. BARPETA ASSAM PIN- 781301 Advocate for the Petitioner : MR. N HOSSAIN, Advocate for the Respondent : GA, ASSAM, SC, PWD BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 24.09.2025 Heard Mr. N. Sarma, learned counsel appearing on behalf of Mr. N. Hussain, learned counsel for the petitioner and Mr. T. C. Chutia, learned Additional Senior Government Advocate, for the respondent Nos. 1, 2, 3 & 6. Also heard Mr. M. Das, learned Standing Counsel, PWD, for the respondent Nos. 4 & 5. 2. In this petition, under Article 226 of the Constitution of India, the petitioner has challenged the OM dated 18.09.2024, issued under Memo No. ABP.104/2024/90, issued by the Commissioner and Secretary to the Government of Assam, Personnel (B) Department, Dispur, Guwahati; and also prayed for issuing direction to the respondent authorities, more particularly, to the SLC; to consider the proposal of the petitioner, as per recommendations made by the DLC, on 18.01.2017, for appointment on compassionate ground against vacant Page No.# 3/5 post, as per his qualification, in accordance with the prevalent scheme/policy, dated 01.06.2015. 3. Mr. Sarma, learned counsel for the petitioner submits that the father of the petitioner, namely, Late Goher Ali, was serving as a Regular Muster Roll Worker (Grade-IV), under the Executive Engineer, PWD (Roads), Rural Division, Barpeta, who died in harness on 20.08.2016, much prior to the issuance of OM dated 01.04.2017. After the death of his father, the petitioner had filed one application for being appointed on compassionate ground on 06.09.2016. Thereafter, a meeting of the District Level Committee (DLC), Barpeta, was held on 18.01.2017, which recommended the name of the petitioner for being appointed on compassionate ground, against vacant post of Grade-III (SA) and the said recommendation was forwarded by the Deputy Commissioner, Barpeta, as per format, to the Government of Assam, Department of PWD (Roads), Dispur, Guwahati. Thereafter, the said proposal of the petitioner was placed before the SLC, on 31.12.2018. But, the SLC did not recommend the name of the petitioner due to non-availability of 5% quota. The petitioner, then approached this Court by filing WP(C) No. 2302/2019, praying for reconsideration of his claim by SLC. The said writ petition was disposed of by an order dated 05.04.2019, and the matter was remanded to the SLC for reconsideration in terms of recommendation made by the DLC against any vacancy in any other department. Accordingly, the SLC, in its meeting held on 23.12.2019, considered the case of the petitioner, but rejected the same on the ground that the petitioner does not possess the required educational qualification for SA post. 3.1 Mr. Sharma also submits that thereafter, the petitioner had approached this Court by filing WP(C) No. 3931/2021, for setting aside and quashing the rejection of said SLC minutes and the said writ petition was disposed of by an Page No.# 4/5 order dated 13.03.2024, remanding the matter back to the SLC for consideration of the case of the petitioner to any Grade III/Grade IV post, as per his education qualification, in the next SLC meeting. But, in the meantime, the Government had issued OM, dated 18.09.2024, deciding not to place any matter before the SLC/DLC, for recommendation of the candidates for being appointed on compassionate ground, and being aggrieved, the petitioner approached this Court by filing the present petition. 3.2 Mr. Sharma further submits that since, before issuance of the OM, dated 18.09.2024, this Court has directed the respondent authorities, vide order dated 13.03.2024, in WP(C) No. 3931/2021, to place the matter before the SLC; now, the respondent authorities cannot deny to place the case of the petitioner before the SLC and under such circumstances, Mr. Sharma has contended to dispose of this petition, by directing the respondent authorities to place the matter of the petitioner before the SLC. 4. Mr. Chutia, learned Additional Senior Government Advocate, for the respondent Nos. 1, 2, 3 & 6 and Mr. M. Das, learned Standing Counsel, PWD, for the respondent Nos. 4 & 5 submits that they have no objection in the event of directing the respondent authorities to place the matter of the petitioner before the SLC; since, vide order dated 13.03.2024, in WP(C) No. 3931/2021, this Court has already directed the respondent authorities to place the matter before the SLC, for consideration of the case of the petitioner in any Grade III/Grade IV post, as per his educational qualification, in its next immediate sitting. 5. Having heard the submission of the learned counsel for both the parties, I have carefully gone through the petition and the documents placed on record. 6. Under the given facts and circumstances, this Court is inclined to dispose of Page No.# 5/5 this petition, by directing the respondent authorities to place the case of the petitioner before the next SLC meeting, for consideration of his case in any Grade III/Grade IV posts, commensurating with his educational qualification; and, in the event of the matter of the petitioner being placed before the SLC, the SLC shall consider and dispose of the same in accordance with law, as per direction of this Court, vide order, dated 13.03.2024, in WP(C) No. 3931/2021. 7. 7. The aforementioned exercise shall be carried out within a period of 3 months from the date of receipt of certified copy of this order. The petitioner shall obtain a certified copy of this order and place the same before the respondent authorities, within a period of 1 (one) week from today. 8. In terms of the above, this writ petition stands disposed of. JUDGE Comparing Assistant