Page No.# 1/4 GAHC010061102025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6485/2024 PRASANTA HANDIQUE S/O- LATE KANAKESWAR HANDIQUE VILLAGE- DEMOW RAISAI P.O- DEMOW P.S- DEMOW DIST- SIVASAGAR ASSAM PIN-785662 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 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 Page No.# 2/4 ASSAM ULUBARI GUWAHATI- 781007. 5:THE SUPERINTENDENT OF POLICE DIBRUGARH ASSAM PIN- 786003 6:THE DISTRICT COMMISSIONER-CUM-CHAIRMAN OF DISTRICT LEVEL COMMITTEE (DLC) DIBRUGARH FOR APPOINTMENT ON COMPASSIONATE GROUND DIBRUGARH ASSAM PIN- 786003 ------------ Advocate for : MR. A M AHMED Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 5 ORS BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER 05.04.2025 Heard Ms. B. Das, learned counsel for the petitioner, who submits that by filing this writ petition, the petitioner has sought for a direction to the respondent authorities to place the case of the petitioner before the State Level Committee (SLC) for considering his appointment on compassionate basis in view of the fact that his father died in harness on 15.02.2014 while working as a Constable (Unarmed Branch) in the State Police. However, the respondent authorities have Page No.# 3/4 come up with an Office Memorandum dated 18.09.2024 by which compassionate appointment has been stopped. Therefore, the petitioner has sought for setting aside the Office Memorandum dated 18.09.2024. [2.] The learned counsel submits that the said O.M was put to challenge in another writ petition by one Abdul Kadir Bokshi by filing WP(C) No. 342/2025. The said writ petition was taken up for consideration by a coordinate Bench of this Court on 03.04.2025 and the Court held that in deciding the application for compassionate appointment, the respondent authorities cannot take recourse to the impugned O.M dated 18.09.2024 in view of the Supreme Court’s decision in the case of State of West Bengal Vs. Debabrata Tiwari & Ors. (Civil Appeal No. 8842-8855/2020) which was decided on 03.03.2020. It was however made clear that the decision of the Court cannot be used as a precedent for cases that have been filed on 04.04.2025 and thereafter. [3.] The learned counsel submits that since the instant case was filed on 28.11.2024 and the grievance raised by the instant petition are similar and identical to that case, the order dated 03.04.2025 passed in WP(C) No. 342/2025 squarely covers the case of the petitioner. She therefore submits that the instant case may be disposed of in line with the said decision. [4.] Mr. D. Borah, learned Govt. Advocate upon coming through the judgment Page No.# 4/4 referred to by the learned counsel for the petitioner fairly admits that the instant case appears to be squarely covered. [5.] Upon hearing the submissions made by the learned counsels for the rival parties and upon perusing the materials available on record including the order dated 03.04.2025, this Court finds that the case of the instant petitioner is squarely covered by the earlier decision of this Court and accordingly, the respondent authorities more particularly the respondent Nos. 2 & 4 are directed to consider the case of the petitioner for compassionate appointment by placing the case of the petitioner before the SLC concerned as expeditiously as possible and not later than a period of four (4) weeks from the date of receipt of a certified copy of this Order. The petitioner shall also furnish the respondent Nos. 2 & 4 a copy of the Order dated 03.04.2025 passed in WP(C) No. 342/2025. [6.] With the above observation and direction, the writ petition stands disposed of as allowed. JUDGE Comparing Assistant