Page No.# 1/10 GAHC010005972025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1759/2025 BURHAN UDDIN BARBHUIYA S/O- LATE LATIFUR RAHMAN BARBHUIYA, R/O- VILL.- AND P.O. UJANKUPA PART-II, P.O. UJANKUPA, P.S AND DIST. HAILAKANDI, ASSAM, PIN- 788152. VERSUS THE STATE OF ASSAM AND 5 ORS TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, HEALTH AND FAMILY WELFARE DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PERSONNEL DEPARTMENT DISPUR GUWAHATI-6. 3:STATE THE LEVEL COMMITTEE REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR GUWAHATI-6. 4:THE DIRECTOR OF HEALTH AND MEDICAL SERVICES ASSAM HENGRABARI GUWAHATI-6. 5:THE DISTRICT LEVEL COMMITTEE HAILAKANDI FOR COMPASSIONATE APPOINTMENT REPRESENTED BY ITS CHAIRMAN/ DISTRICT COMMISSIONER Page No.# 2/10 HAILAKANDI P.O. P.S. AND DIST. HAILAKANDI ASSAM 6:THE JOINT DIRECTOR OF HEALTH SERVICES HAILAKANDI DIST. HAILAKANDI ASSA Advocate for the Petitioner : MR. R A CHOUDHURY, MR. R A MAZUMDER,TARIQUE AZIZ Advocate for the Respondent : GA, ASSAM, SC, HEALTH Linked Case : WP(C)/1763/2025 SHAMIM AHMED LASKAR S/O.- LATE ADBUL AZIM LASKAR R/O.- VILLAGE- UJANKUPA PART-I P.O. UJANKUPA P.S. AND DIST- HAILAKANDI ASSAM PIN- 788152. VERSUS THE STATE OF ASSAM AND 5 ORS. TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HEALTH AND FAMILY WELFARE DEPARTMENT DISPUR GUWAHATI-6. 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PERSONNEL DEPARTMENT DISPUR GUWAHATI-6. 3:THE STATE LEVEL COMMITTEE REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM Page No.# 3/10 DISPUR GUWAHATI-6. 4:THE DIRECTOR OF HEALTH AND MEDICAL SERVICES ASSAM HENGRABARI GUWAHATI. 5:THE DISTRICT LEVEL COMMITTEE HAILAKANDI (FOR COMPASSIONATE APPOINTMENT) REPRESENTED BY ITS CHAIRMAN /DISTRICTCOMMISSIONER HAILAKANDI P.O. P.S. AND DISTRICT- HAILAKANDI ASSAM 6:THE JOINT DIRECTOR OF HEALTH SERVICES HAILAKANDI DISTRICT- HAILAKANDI ASSAM. ------------ Advocate for : MR. R A CHOUDHURY Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 5 ORS. Linked Case : WP(C)/1760/2025 BAHAR UDDIN MAZUMDER S/O- LATE NIZAM UDDIN MAZUMDER RESIDENT OF VILLAGE- NARAINPUR PART-I P.O.- CHANDPUR WEST P.S. AND DIST.- HAILAKANDI ASSAM 788152. VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM Page No.# 4/10 HEALTH AND FAMILY WELFARE DEPARTMENT DISPUR GUWAHATI-6. 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PERSONNEL DEPARTMENT DISPUR GUWAHATI-06. 3:STATE LEVEL COMMITTEE REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR GUWAHATI-06. 4:THE DIRECTOR OF HEALTH AND MEDICAL SERVICES ASSAM HENGRABARI GAUHATI. 5:THE DISTRICT LEVEL COMMITTEE HAILAKANDI ( FOR COMPASSIONATE APPOINTMENT) REPRESENTED BY THE CHAIRMAN/ DISTRICT COMMISSIONER HAILAKANDI P.O. P.S. AND DISTRICT- HAILAKANDI ASSAM. 6:THE JOINT DIRECTOR OF HEALTH SERVICES HAILAKANDI DISTRICT- HAILAKANDI ASSAM. ------------ Advocate for : MR. R A CHOUDHURY Advocate for : SC HEALTH appearing for THE STATE OF ASSAM AND 5 ORS Linked Case : WP(C)/1762/2025 MASUM HUSSAIN CHOUDHURY S/O- LATE SAJ UDDIN CHOUDHURY RESIDENT OF VILLAGE- UJANKUPA PART-II Page No.# 5/10 P.O.- UJANKUPA P.S. AND DISTRICT- HAILAKANDI ASSAM PIN- 788152. VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HEALTH AND FAMILY WELFARE DEPARTMENT DISPUR GUWAHATI-06. 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PERSONNEL DEPARTMENT DISPUR GUWAHATI-06. 3:STATE LEVEL COMMITTEE REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR GUWAHATI-06. 4:THE DIRECTOR OF HEALTH AND MEDICAL SERVICES ASSAM HENGRABARI GAUHATI. 5:THE DISTRICT LEVEL COMMITTEE HAILAKANDI ( FOR COMPASSIONATE APPOINTMENT) REPRESENTED BY THE CHAIRMAN/ DISTRICT COMMISSIONER HAILAKANDI P.O. P.S. AND DISTRICT- HAILAKANDI ASSAM. 6:THE JOINT DIRECTOR OF HEALTH SERVICES HAILAKANDI DISTRICT- HAILAKANDI ASSAM. Page No.# 6/10 ------------ Advocate for : MR. R A CHOUDHURY Advocate for : SC HEALTH appearing for THE STATE OF ASSAM AND 5 ORS BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 07.04.2025 Heard Mr. R.A. Mazumdar, learned counsel for the petitioners in all these writ petitions and Mr. B. Deuri, learned, Government Advocate, Assam for all the respondents in these writ petitions. 2. By filing this petition, the petitioners have 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. Having considered that these writ petitions involved similar issue on facts and law, same are heard analogously and disposed of by this common order. Page No.# 7/10 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 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 Dates of death of the deceased employees Burhan Uddin Barbhuiya in WP(C) No. 1759/2025 Luthfur Rahman Barbhuiya, Grade- IV employee/ Pump Operator under PHE Deptt., Hailakandi Son 04.06.2006 Bahar Uddin Mazumdar in WP© No. 1760/2025 Nizam Uddin Mazumdar, Grade- IV employee/ Driver in the office of the, Jt. Director Health Services, Hailakandi. Son 31.03.2000 Masum Hussain Choudhury in WP (C) 1762/ 2025 Saj Uddin Choudhury, Grade- IV employee under Public Health Engineering Deptt, Hailakandio Son 28.08.2011 Shamim Ahmed Laskar WP © No. 1763/2025 Abdul Azim Laskar, Grade- IV employee (Khalasi) under Public Health Son 31.10.2016 Page No.# 8/10 Engineering Department, Hailakandi. 5. 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. 6. 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. 7. 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 8. 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 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 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 Page No.# 10/10 considered/applied by the concerned authorities. 10. The writ petition stands disposed of, accordingly. JUDGE Comparing Assistant