Page No.# 1/8 GAHC010275262024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7033/2024 SWARNAJIT SUKLABAIDYA AND 9 ORS. S/O LT. SUSANTA SUKLABAIDYA, VILL- ABDULLAPUR PART-I, P.O.- SARBANANDAPUR, P.S.-LALA, DIST- HAILAKANDI, ASSAM, PIN-788163 2: ANAMUL HAQUE MAZUMDER S/O LT. ABDUL GOFUR MAZUMDER VILL- NITYANANDAPUR PART-I P.O.-NITYANANDAPUR P.S.-LALA DIST- HAILAKANDI ASSAM PIN-788168 3: SABINA AKTAR BARBHUIYA S/O LT. SAMS UDDIN BARBHUIYA VILL- DAKSHIN JASNABAD P.O.-TANTOO P.S.-LALA DIST- HAILAKANDI ASSAM PIN-788163 4: UBAIDUL HOQUE MAZUMDER S/O LATE JAMAL UDDIN MAZUMDER VILL AND P.O.-RANGAUTI PART-II P.S. AND DIST- HAILAKANDI ASSAM PIN-788155 5: ARPITA CHAKRABORTY D/O LATE ASHIM KUMAR CHAKRABORTY R/O LAKSMISAHAR HAILAKANDI TOWN WARD NO. VII Page No.# 2/8 P.O.-LAKSHMISAHAR P.S. AND DIST- HAILAKANDI ASSAM PIN-788151 6: JERINA DEWAN D/O LATE ABDUR RAQUIB BARBHUIYA R/O HAILAKANDI TOWN WARD NO. XII P.O.-RATANPUR ROAD P.S. AND DIST- HAILAKANDI ASSAM PIN-788155 7: SAHENA BEGUM LASKAR W/O LATE GIASH UDDIN LASKAR VILL- BAHADURPUR PART-I P.O.-RANGAUTI P.S. AND DIST- HAILAKANDI ASSAM PIN-788155 8: BURHAN ALOM LASKAR S/O LT. FAIZUR RAHMAN LASKAR R/O VILL- RAMPUR P.O.-KARICHERRA BAZAR P.S.-KATLICHERRA DIST- HAILAKANDI ASSAM PIN-788165 9: PRONAB BATH S/O LATE PARIMAL KUMAR NATH R/O HOUSE NO. 201 WARD NO. 1 HAILAKANDI TOWN P.O. P.S. AND DIST- HAILAKANDI ASSAM PIN-788151 10: DILWAR HUSSAIN BARBHUIYA S/O LATE AZMET ALI BARBHUIYA VILL- ALGAPUR PART-II P.O.-KALIBARI BAZAR P.S. AND DIST-HAILAKANDI ASSAM PIN-78815 Page No.# 3/8 VERSUS THE STATE OF ASSAM AND 5 ORS. REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, ASSAM, DISPUR, GUWAHATI-06 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PERSONNEL (B) DEPARTMENT DISPUR GUWAHATI-06 3:THE ADDITIONAL SECRETARY TO THE GOVT. OF ASSAM PESONNEL (B) DEPARTMENT DISPUR GUWAHATI-06 4:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 5:THE DISTRICT LEVEL COMMITTEE FOR RECOMMENDATION OF THE CASE FOR APPOINTMENT ON COMPASSIONATE GROUND HAILAKANDI REPRESENTED BY THE DEPUTY COMMISSIONER HAILAKANDI DIST- HAILAKANDI ASAM PIN-788151 6:THE DISTRICT ELEMENTARY EDUCATION OFFICER HAILAKANDI DIST- HAILAKANDI ASSAM PIN-78815 Advocate for the Petitioner : MR. S B LASKAR, A. H. AHMED,MS D DUTTA,MR. H A LASKAR,MR. A S TAPADER Advocate for the Respondent : SC, ELEM. EDU, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KARDAK ETE Page No.# 4/8 ORDER Date : 07.04.2025 Heard Mr. H.A. Laskar, learned counsel for the petitioners and Mr. P.N. Sarma, learned standing counsel, Elementary Education, Assam for respondent Nos. 1, 4 and 6. Also heard Ms. B. Devi, learned standing counsel for Secondary Education, Assam for respondent Nos. 2, 3 and 5. 2. The challenge made in this writ petition 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. The petitioners, 10 in numbers, claims for appointment on compassionate ground whose family relatives, father/ husband have died in harness on different dates. The service particulars of the Govt. employees, alongwith the dates of death who had died-in-harness which appointments on compassionate ground are made are extracted hereinunder:- Name of the petitioner Name of the deceased Govt. employee with designation Relationship with deceased Govt. employee Date of death/date of application/post applied for 1. Swarnajit Suklabaidy a Susanta Suklabaidya, A.T.Mahammadp Youngest Son 23.07.2011/ 01.04.2014/ Grade-IV Post Page No.# 5/8 ur MV School 2. Anamul Hque Mazumder Abdul Gofur Mazumder, Headmaster of 69 No. Nityannandapur LP School Eldest son 08.03.2009/07.0 4.2009/Asstt. Teacher ME School 3. Sabina Aktar Barbhuiya Sams Uddin Barbhuiya, AT Appin Janamangal Senior Basic MV School Eldest daughter 18.03.2000/ 29.04.2000/ Asstt. Teacher ME School 4. Ubaidul Hoque Mazumder Jamal Uddin Mazumder, Headmaster of 435 No. West Bashdar LP School. Youngest son 14.07.2008/ 12.11.2008/ Asstt. Teacher LP School 5. Arpita Chakrfab Gouri Bhattacharjee, AT Harakishor High School Daughter 02.11.2014/28.1 2.2014/ Grade- III or Grade-IV Post 6. Jerina Dewan Abdur Raquib Barbhuiya, AT Graham M.V. School Youngest daughter 11.01.2006/18.0 3.2006/Asstt. Teacher LP School 7. Sahena Begum Laskar Gias Uddin Laskara, AT Polarpar ME School wife 25.10.2015/26.1 2.2015/ Asstt. Teacher LP School Page No.# 6/8 8. Burhan Alom Laskar Faizur Rahman Laskar AT Durgapur LP School Eldest son 03.01.2007/03.1 2.2007/Asstt. Teacher LP School 9. Pronab Nath Parimal Kumar Nath, Office Peon under DEEO, Hailakandi Eldest son 12.03.2008/10.0 6.2008/Asstt. Teacher LP School 10. Dilwar Hussain Barbhuiya Azmet Ali Barbhuiya, AT Sisukalyan LP School Son 07/09/20- 08/15.12.2015/A sstt. Teacher LP School 4. 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. 5. 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. Page No.# 7/8 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 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. 7. 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. 8. Accordingly, as agreed to by the learned counsel for the parties, the writ petition is 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 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 Page No.# 8/8 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 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 in the case of Debabrata Tiwari reported in 2023 SCC Online SC 219, may be considered/applied by the concerned authorities. 10. The writ petition stands disposed of, accordingly. JUDGE Comparing Assistant