Page No.# 1/3 GAHC010250442024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6360/2024 DIGANTA KALITA SON OF LATE CHAKRADHAR KALITA, VILLAGE- SINGRA, P.O.- HENGULI, P.S.- KAMALPUR, DISTRICT- KAMRUP, ASSAM, PIN- 781380. VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, DISPUR, GUWAHATI- 781006. 2:THE PRINCIPAL SECRETARY/ SECRETARY TO THE GOVERNMENT OF ASSAM HOME AND POLITICAL DEPARTMENT DISPUR GUWAHATI- 781006. 3:THE CHAIRMAN OF STATE LEVEL COMMITTEE (SLC) FOR APPOINTMENT ON COMPASSIONATE GROUND DISPUR GUWAHATI-781006. 4:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI- 781007. 5:THE SUPERINTENDENT OF POLICE KAMRUP DISTRICT- KAMRUP Page No.# 2/3 ASSAM PIN- 781031. 6:THE DISTRICT COMMISSIONER-CUM-CHAIRMAN OF DISTRICT LEVEL COMMITTEE (DLC) KAMRUP FOR APPOINTMENT ON COMPASSIONATE GROUND KAMRUP ASSAM PIN- 781031 Advocate for the Petitioner : MR. A M AHMED, B DAS,P. GHOSH,MRS S RAHANA Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM ORDER Date : 07-04-2025 Heard Mr. A.M. Ahmed, learned counsel for the writ petitioner. Also heard Mr. D. Bora, learned Govt. Advocate, Assam appearing for the respondents. The writ petitioner is aggrieved due to non-consideration of his case by the State Level Committee (SLC) for appointment on compassionate ground despite being recommended by the District Level Committee (DLC), Kamrup district. The writ petitioner has also challenged the OM dated 18-09-2024 issued by the Govt. of Assam, Personnel (B) Department practically doing away with the appointments on compassionate ground in case family members of the Govt. servants who had died-in- harness after 01-04-2017. Mr. Ahmed submits that the case of the petitioner is covered by the judgment and order dated 03-04-2025 rendered in the case of Abdul Kadir Bokshi Vs. State of Assam & Ors. [W.P.(C) No. 342/2025] and batch of writ petitions and therefore, this matter be also disposed of accordingly. Mr. D. Bora, learned Govt. Advocate, Assam has also agreed to the said proposition. Page No.# 3/3 It appears that by the judgment and order dated 03-04-2025 passed in the case of Abdul Kadir Bokshi (Supra), a coordinate Bench of this Court had disposed of W.P.(C) No. 342/2025 and batch of similar writ petitions wherein, the OM dated 18-09-2024 was under challenge, without going into the merit of the plea regarding validity of the OM dated 18-09-2024, the learned Single Judge had passed a consent order disposing of the writ petition. The observations made in paragraph 10 of the judgment and order dated 03-04- 2025 are reproduced here-in-below for ready reference:- 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 Debabrata Tiwari (supra), 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. In view of the above submission made at the Bar, this writ petition also stands disposed of in terms of the observations made in paragraph 10 of the decision rendered in the case of Abdul Kadir Bokshi (Supra). Writ petition stands disposed of accordingly. JUDGE GS Comparing Assistant