Page No.# 1/4 GAHC010245482024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6334/2024 SURAJ KUMAR CHUTIA S/O- LATE LAKHESWAR CHUTIA, VILL.- LATHIA, P.O. GOGAMUKH, P.S. GOGAMUKH, DIST. DHEMAJI, ASSAM, PIN- 782403. VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, DISPUR, GUWAHATI-781006. 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HEALTH DEPARTMENT DISPUR GUWAHATI-781006. 3:THE CHAIRMAN OF STATE LEVEL COMMITTEE (SLC) FOR APPOINTMENT ON COMPASSIONATE GROUND DISPUR GHY-781006. 4:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM HEALTH AND FAMILY WELFARE DEPARTMENT BLOCK-D GROUND FLOOR ASSAM SECRETARIAT DISPUR GHY-781006. 5:THE JOINT DIRECTOR OF HEALTH SERVICES DHEMAJI ASSAM PIN- 787057. Page No.# 2/4 6:THE DISTRICT COMMISSIONER-CUM-CHAIRMAN OF DISTRICT LEVEL COMMITTEE (DLC) DHEMAJI FOR APPOINTMENT ON COMPASSIONATE GROUND DHEMAJI ASSAM PIN- 787057. 7:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PERSONAL (B) DEPARTMENT DISPUR GUWAHATI- Advocate for the Petitioner : MR. A M AHMED, B DAS,P. GHOSH,MRS S RAHANA Advocate for the Respondent : GA, ASSAM, SC, HEALTH BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 07-04-2025 Heard Mr. A.M. Ahmed, learned counsel for the petitioner. Also heard Mr. T.C. Chutia, learned Additional Senior Government Advocate for the respondents. 2. By filing this petition, the petitioner has put to challenge the Office Memorandum dated 18.09.2024, issued by the Commissioner & Secretary to the Govt. of Assam, Personnel Department, whereby, it is decided that no cases for appointment on compassionate ground to the family members of the state government employees who died-in-harness or retired prematurely on being declared permanently incapacitated in service or missing and whose whereabouts is not prior 31.03.2017, shall be entertained by any Administrative Department/Authority for any reason, whatsoever nor be placed before SLCs/DLCs for recommendation of candidate for appointment on compassionate ground. 3. The case of the petitioner is that his father late Lakheswar Chutia, who was an employee in the Gogamukh PHC Ayurvedic, Dhemaji, Assam, die-in-harness on 08.09.1998. At the time of the death of his father, the petitioner was minor and after attaining the age of majority, he approached the authorities for appointment on compassionate ground in terms of guidelines vide Office Memorandum dated 01.06.2015. The District Level Committee, Dhemaji vide its meeting dated 12.03.2024 has examined and recommended the name of the petitioner for appointment on compassionate ground. Accordingly, Page No.# 3/4 the minutes of the DLC was forwarded on 20.03.2024 by recommending the name of the petitioner, which clearly indicates the proposal for appointment of the petitioner on compassionate ground against the available vacant Grade-IV post in the office of the Joint Director, Health Services, Dhemaji. 4. Learned counsel for the petitioner submits that when the matter was pending consideration for appointment of the petitioner on compassionate ground, the impugned office memorandum dated 18.09.2024 has been issued, which deprives the right of the petitioner for consideration of appointment on compassionate ground. He submits that this Court in the case of Abdul Kadir Bokshi –vs- State of Assam in WP(C) 342/2025 and other batch of writ petitions, vide order dated 03.04.2025, has directed the respondent authorities to consider the cases of the petitioners for compassionate appointment. Therefore, the above order dated 03.04.2025 passed in WP(C) 342/2025 is squarely covers the case of the present petitioner and as such, similar relief may be provided to the present petitioner. 5. Mr. T.C. Chutia, learned Additional Senior Government Advocate, while vehemently opposes the writ petition initially, has submitted that in view of the order of this Court dated 03.04.2025 passed in WP(C) 342/2025 and batch of writ petitions, the present writ petition can be disposed of by providing similar relief. 6. Having considered the submissions of the learned counsel for the parties and on perusal of the order dated 03.04.2025 in WP(C) 342/2025 and other batch of writ petitions, I am of the considered view that the order in the writ petition (supra) covers the case of the present petitioner as the challenge made in this petition is also to the notification dated 18.09.2024. 7. In respectful agreement and as a judicial discipline, the writ petitioner is also provided with the similar relief as provided in the order dated 03.04.2025. 8. As agreed to by the learned counsel for the parties, the writ petition is disposed of with the following directions:- i) The case of the petitioner for compassionate appointment 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. (ii) The entire process for considering the application for compassionate appointment and the decision to be taken 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 Chief Secretary to the Government of Assam, who is the Chairman of the SLC. 9. It is made clear that in view of the consent of the parties, this Court has not gone into the merit of the petitioner’s case that as being disposed of by way of this order and as such, the application for Page No.# 4/4 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 petitioner thereafter. It is also directed that while deciding the application 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 Debabrata Tiwari (supra), can be considered/applied by the concerned authorities. 10. The writ petition is accordingly disposed of. JUDGE Comparing Assistant