Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010216062024
2025:GAU-AS:12705
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5460/2024 SUMI BALA DAS S/O- LT. TARA PADA DAS, VILL.- KUMURMARA NAMODASPARA, P.O.- RADHAMADHAB HAT, P.S. MANKACHAR, DIST.- SOUTH SALMARA MANKACHAR, ASSAM, PIN- 783131 VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, WELFARE OF PLAIN TRIBES AND BACKWARD CLASSES DEPARTMENT, DISPUR, GUWAHATI-06 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PERSONNEL (B) DEPTT DISPUR GUWAHATI-06 3:THE STATE LEVEL COMMITTEE (SLC) REPRESENTED BY THE CHIEF SECRETARY -CUM- CHAIRMAN OF THE STATE LEVEL COMMITTEE (SLC) ASSAM DISPUR GUWAHATI-06 4:THE DEPUTY SECRETARY TO THE GOVT. OF ASSAM WELFARE OF PLAIN TRIBES AND BACKWARD CLASSES DEPTT. DISPUR GUWAHATI-06 5:THE DIRECTOR OF WELFARE OF PLAIN TRIBES AND BACKWARD CLASSES ASSAM
Page No.# 2/4 RUKMINI NAGAR GUWAHATI-06 6:THE DEPUTY COMMISSIONER -CUM- CHAIRMAN OF DISTRICT LEVEL COMMITTEE (DLC) SOUTH SALMARA MANKACHAR P.O. HATSINGIMARI DIST.- SOUTH SALMARA MANKACHAR ASSAM PIN- 783135 7:THE SUB-DIVISIONAL WELFARE OFFICER SOUTH SALMARA MANKACHAR HATSINGIMARI P.O. HATSINGIMARI DIST.- SOUTH SALMARA MANKACHAR ASSAM PIN- 78313 Advocate for the Petitioner : MR. M R KHANDAKAR, MR. A ROHMAN Advocate for the Respondent : GA, ASSAM, MS. M BHATTACHARYYA,MR. R DHAR
BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER 16.09.2025 Heard Mr. M R Khandarkar, learned counsel for the petitioner. Also heard Mr. R Dhar, learned Standing counsel, WPT&BC Department as well as Ms. M Bhattacharyya, learned Government Advocate for the respondents.
2. By way of this writ petition, the petitioner is assailing the impugned Office Memorandum dated 18.09.2024 issued by the respondent No. 2 and the impugned
order/letter dated 13.04.2022 issued by the respondent No. 3, wherein the decision and recommendation of the District Level Committee (DLC) made in favour of the petitioner for appointment on compassionate ground has been rejected without placing the same before the SLC. Page No.# 3/4
3. It is submitted at the bar that in the case of Abdul Kadir Bokshi -Vs- State of Assam and 4 Ors. in WP(C) No. 342/2025 being the linked case, wherein a Co- ordinate Bench of this Court by order dated 03.04.2025 in view of the proposal made by the learned Advocate General, Assam and the consensus arrived at between the parties, disposed of the writ petition, by directing that all the writ petitions that are pending as on 03.04.2025 in the Gauhati High Court which have put to challenge the impugned Office Memorandum dated 18.09.2024 are to be decided as under –
“(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”. 4. It appears that in the instant case also there is a challenge put to the O.M. dated 18.09.2024 and the case of the petitioner has not been placed before the SLC till date. 5.
It further appears that the Deputy Secretary to the Government of Assam, Personnel Department, Dispur by the notice dated 31.08.2025 in terms of the aforesaid order dated 03.04.2025 passed in the case of Abdul Kadir Bokshi (Supra) invited the petitioners who have challenged the O.M. dated 18.09.2024 including those similar cases which have been disposed of by the Co-ordinate Bench of this Court by order dated 03.04.2025 passed in the case of Abdul Kadir Bokshi (Supra) and to submit documents/information thereof, in order to comply with the directions passed therein. Page No.# 4/4
6. Mr. M R Khandarkar, learned counsel for the petitioner submits that pursuant to the aforesaid notice dated 31.08.2025, the petitioner has already submitted his application before the respondent authorities. 7. In view of the above, this Court, in the interest of justice, deems it appropriate, to dispose of this writ petition, by providing that in the event the petitioner has submitted the details as called for by the notice dated 31.08.2025, the respondent authorities shall do the needful in terms of the order dated 03.04.2025 passed by the Co-ordinate Bench of this Court in the case of Abdul Kadir Bokshi (Supra). 8. Ordered accordingly. 9. Copy of the notice dated 31.08.2025 placed before the Court be kept as part of the record and marked as ‘X’. 10. With the above observation and direction, this writ petition stands disposed of. JUDGE Comparing Assistant