Page No.# 1/10 GAHC010240202024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6034/2024 JITEN NEUPANE S/O- LATE BISHNULAL JOISHEE NEUPANE @ BISHNU NEUPANE, R/O- VILL.- GOLIA, PANI BHARAL, P.O. PANI BHARAL, P.S. BISWANATH CHARIALI, DIST. BISWANATH, ASSAM, PIN- 784176. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY-CUM- CHAIRMAN, STATE LEVEL COMMITTEE, GOVT. OF ASSAM, DISPUR, GUWAHATI-781006. 2:THE SECRETARY GOVERNMENT OF ASSAM SCHOOL EDUCATION DEPARTMENT DISPUR GHY-781006. 3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PERSONNEL DEPARTMENT DISPUR GUWAHATI PIN- 781006. 4:THE DISTRICT COMMISSIONER-CUM- CHAIRMAN DISTRICT LEVEL COMMITTEE BISWANATH DISTRICT ASSAM PIN- 784176. 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER SONITPUR TEZPUR Page No.# 2/10 ASSAM PIN- 784001 Advocate for the Petitioner : MR. M KALITA, MR. A PHUKAN,MR. N M DAS,MR. J HATIMURIA Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU Linked Case : WP(C)/6326/2024 RUPOK GOGOI SON OF LATE MOHAN GOGOI RESIDENT OF VILLAGE- GORIAPATHAR P.O. AND P.S.- MOTHURAPUR IN THE DISTRICT OF CHARAIDEO ASSAM PIN- 785689. VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE CHIEF SECRETARY-CUM-CHAIRMAN STATE LEVEL COMMITTEE GOVERNMENT OF ASSAM DISPUR GUWAHATI- 781006. 2:THE SECRETARY TO THE GOVERNMENT OF ASSAM SCHOOL EDUCATION DEPARTMENT DISPUR GUWAHATI PIN- 781006. 3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM Page No.# 3/10 PERSONNEL DEPARTMENT DISPUR GUWAHATI PIN- 781006. 4:THE DIRECTOR ELEMENTARY EDUCATION ASSAM GUWAHATI KAHILIPARA PIN- 781019. 5:THE DISTRICT COMMISSIONER-CUM- CHAIRMAN DISTRICT LEVEL COMMITTEE SIVASAGAR DISTRICT ASSAM PIN- 785640. 6:THE DISTRICT ELEMENTARY EDUCATION OFFICER SIVASAGAR DISTRICT ASSAM PIN- 785640. ------------ Advocate for : MR. M KALITA Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 5 ORS Linked Case : WP(C)/6087/2024 MUKUT SINGHA LAHAN SON OF LATE SANATAN LAHAN RESIDENT OF VILLAGE- KEKURI P.O.- CHAMARAJAN IN THE DISTRICT OF DHEMAJI ASSAM PIN- 787057 VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE CHIEF SECRETARY-CUM-CHAIRMAN STATE LEVEL COMMITTEE GOVERNMENT OF ASSAM DISPUR GUWAHATI- 781006 Page No.# 4/10 2:THE SECRETARY TO THE GOVERNMENT OF ASSAM SCHOOL EDUCATION DEPARTMENT DISPUR GUWAHATI- 781006 3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM PERSONNEL DEPARTMENT DISPUR GUWAHATI PIN- 781006 4:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI PIN- 781019 5:THE DISTRICT COMMISSIONER - CUM - CHAIRMAN DISTRICT LEVEL COMMITTEE DHEMAJI DISTRICT ASSAM PIN- 787057 6:THE INSPECTOR OF SCHOOLS DHEMAJI DISTRICT- DHEMAJI ASSAM PIN- 787057 ------------ Advocate for : MR. M KALITA Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 5 ORS Linked Case : WP(C)/6164/2024 SWAPNANIL GOGOI S/O- LATE ROBINDRA KUMAR GOGOI R/O- VILL.- BORAHIBARI P.O. BORAHIBARI P.S. HALUATING DIST. SIVASAGAR ASSAM PIN- 785680. Page No.# 5/10 VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE CHIEF SECRETARY-CUM-CHAIRMAN STATE LEVEL COMMITTEE GOVT. OF ASSAM DISPUR GUWAHATI-781006. 2:THE COMMISSIONER AND SECRETARY GOVT. OF ASSAM SCHOOL EDUCATION DEPARTMENT DISPUR GUWAHATI-781006. 3:THE COMMISSIONER AND SECRETARY GOVT. OF ASSAM PERSONNEL DEPARTMENT DISPUR GUWAHATI PIN- 781006. 4:THE DIRECTOR ELEMENTARY EDUCATION KAHILIPARA GUWAHATI PIN- 781019. 5:THE DISTRICT COMMISSIONER-CUM-CHAIRMAN DISTRICT LEVEL COMMITTEE SIVASAGAR DISTRICT ASSAM PIN- 785640. 6:THE DISTRICT ELEMENTARY EDUCATION OFFICER SIVASAGAR DISTRICT ASSAM PIN- 785640. ------------ Advocate for : MR. M KALITA Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 5 ORS BEFORE HONOURABLE MR. JUSTICE KARDAK ETE Page No.# 6/10 ORDER Date : 07-04-2025 Heard Mr. J. Hatimuuria, learned counsel for the petitioners in all these writ petitions and Mr. B. Deuri, learned, Government Advocate Assam for State respondents in these writ petitions. 2. The challenge made in these writ petitions is to the impugned Office Memorandum dated 18.09.2024 issued by the Commissioner & Secretary to the Govt. of Assam, Personnel Department, whereby, a decision has been taken that no cases for appointment on compassionate ground to the family members of the persons who died-in-harness prior to 31.03.2017 shall be entertained. 3. Having considered that these writ petitions involved similar issue on facts and law, same are heard analogously and disposed of by this common order. 4. The petitioners in these writ petitions applied for compassionate appointment as per applicable office Memorandum and Policy of the State. The petitioners claims for appointment on compassionate ground whose fathers have died-in-harness on different dates. The service particulars of the Govt. employees, alongwith the dates of death who had died-in-harness are as under:- Name of the petitioner Name of the deceased Govt. employee with Relationship with deceased Dates of death of the deceased Page No.# 7/10 designation Govt. employee employees Jiten Neupane in WP(C) No. 6034/2024 Late Bishnulal Joishee Neupane @ Bishnu Neupane, A.T. Kadamani LP School Son 08.04.2013 Swapnanil Gogoi in WP© No. 6164/2024 Late Robindra Kumar Gogoi, Grade-IV employee, Borahibari MV School. Son 10.11.2008 Mukut Singha Lahan in WP (C) 6087/ 2024 Late Sanatan Lahan, Vice Principal, Principal Incharge of Batgharia H.S. School. Son 14.10.2004 Rupok Gogoi In WP © No. 6326/2024 Late Mohan Gogoi, Headmaster of Kothalbari LP School. Son 27.06.2003 5. It is contended that the respondent authorities before considering the case of the petitioner by the State Level Committee issued impugned memorandum whereby a decision has been taken illegally to the effect that no cases for Page No.# 8/10 appointment on compassionate ground shall be entertained by any administrative department. Being aggrieved, this writ petition has been filed. 6. The contention of the petitioners is that the verification for consideration of appointment on compassionate ground have already been carried out. However, due to issuance of impugned notification dated 18.09.2024, the respondent authorities have denied their right of appointment on compassionate ground. 7. The learned counsel for the parties have submitted that the coordinate bench of this court vide judgment and order dated 03.04.2025 passed in WP(C) 342/2025 (Abdul Kadir Bokshi –vs- State of Assam) and other batch of writ petitions involving similar nature of cases, has disposed of the matters and directed the respondent authorities to consider the case of the petitioner without interfering with the impugned order dated 18.09.2024 and therefore, they have agreed and consented that the order dated 03.04.2025 covers the cases of the present petitioners. 8. 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 dated 03.04.2025 in the writ petition (supra) covers the cases of the present petitioners as the challenge made in this petition is also to the notification dated 18.09.2024. Page No.# 9/10 9. In respectful agreement and as a judicial discipline, the writ petitioners are also provided with the similar relief as provided in the order dated 03.04.2025. Accordingly, as agreed to by the learned counsel for the parties, the writ petitions are disposed of with the following directions:- i) The cases of the petitioners 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 applications 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. 10. It is made clear that in view of the consent of the parties, this Court has not gone into the merit of the petitioners’ cases that as being disposed of by way of this order and as such, the application 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 further directed that while deciding the applications for compassionate appointment, the respondents would not take recourse to the impugned OM dated 18.09.2024, however, the judgment in the case of Debabrata Tiwari reported in 2023 SCC Online SC 219, may be Page No.# 10/10 considered/applied by the concerned authorities. 11. The writ petition stands disposed of, accordingly. JUDGE Comparing Assistant