Page No.# 1/4 GAHC010243302024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6260/2024 LUTFUR RAHMAN CHOUDHURY S/O- LT. ABDUL JALIL CHOUDHURY, VILL- NIZVERNERPUR PT-II, PO- VERNERPUR, DIST.- HAILAKANDI, ASSAM, PIN- 788163. VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, EDN. DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE STATE LEVEL COMMITTEE (FOR COMPASSIONATE APPOINTMENT) REPRESENTED BY THE CHAIRMAN-CUM- THE CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR GUWAHATI-6. 3:THE DISTRICT LEVEL COMMITTEE (FOR COMPASSIONATE APPOINTMENT) HAILAKANDI REPRESENTED BY THE CHAIRMAN-CUM-THE DISTRICT/ DEPUTY COMMISSIONER HAILAKANDI DISTRICT ASSAM PIN- 788151. 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER Page No.# 2/4 HAILAKANDI PO-HAILAKANDI ASSAM PIN- 788151 Advocate for the Petitioner : MR B SINHA, MS A BEGUM,MR. A M BARBHUIYA,MR. H ISLAM Advocate for the Respondent : SC, ELEM. EDU, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER 09-04-2025 Heard Mr. A.M. Barbhuiya, learned counsel for the petitioner, who submits that the case pertains to the petitioner’s application for compassionate appointment not being considered by the State Level Committee (SLC), due to the O.M dated 18.09.2024. He submits that the present case is covered by the decision and directions in the order dated 03.04.2025 passed in a batch of writ petitions, the lead case being WP(C) 342/2025. He accordingly submits that the present matter may be disposed of, in line with the order dated 03.04.2025 passed in WP(C) 342/2025. 2. Ms. S. Chutia, learned counsel for the respondent Nos. 1 & 4 and Mr. G. Pegu, learned counsel for the respondent No. 2 & 3 submit that they have got no objection to the prayer made by the petitioner’s counsel. 3. Paragraph 9 & 10 of the order dated 03.04.2025 passed in WP(C) 342/2025 states as follows:- Page No.# 3/4 “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. (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, i.e., the case of State of West Bengal vs. Debabrata Tiwari and others, (Civil Page No.# 4/4 Appeal No. 8842-8855/2020) 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.” 4. On considering that the present case is covered by the order dated 03.04.2025 passed in WP(C) 342/2025, this Court disposes of the present case, in terms of the directions and observations made in the order dated 03.04.2025 passed in WP(C) 342/2025, if not considered. 5. The writ petition is accordingly disposed of. JUDGE Comparing Assistant