Page No.# 1/4 GAHC010034612025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1016/2025 SRI SONJU ROBIDAS S/O LATE DHONIA ROBIDAS, RESIDENT OF VILLAGE- RONGPUR PT-2, P.O- RONGPUR , DISTRICT - CACHAR, SILCHAR, ASSAM VERSUS THE STATE OF ASSAM AND 7 ORS REPRESENTED BY ITS COMMISSIONER SECRETARY TO THE GOVERNMENT OF ASSAM, PUBLIC WORKS (ROADS) DEPARTMENT (PWRD), DISPUR, GUWAHATI-6 2:THE DEPUTY SECRETARY TO THE GOVERNMENT OF ASSAM PWRD (ESTT.-B BRANCH) DISPUR GUWAHATI-6 3:THE DISTRICT COMMISSIONER CACHAR SILCHAR ASSAM. 4:THE CHIEF ENGINEER PWRD CACHAR SILCHAR ASSAM 5:THE EXECUTIVE ENGINEER PWRD Page No.# 2/4 CACHAR SILCHAR ASSAM 6:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM PERSONNEL (B) DEPARTMENT DISPUR GUWAHATI - 781006 7:THE STATE LEVEL COMMITTEE REPRESENTED BY ITS CHAIRMAN THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM DISPUR GUWAHATI 8:THE DISTRICT LEVEL COMMITTEE REPRESENTED BY THE DISTRICT COMMISSIONER CUM THE CHAIRMAN CACHAR SILCHAR ASSA Advocate for the Petitioner : JAYANTA MEDHI, MR. P K DEKA,MR. P DAIMARY,MR. R. KARIM Advocate for the Respondent : SC, P W D, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 28.04.2025 Heard Mr. P.K. Deka, learned counsel for the petitioner. Also heard Ms. U. Sharma, learned Junior Government Advocate for the State and Mr. R. Dhar, learned Standing Counsel, PWD. 2. This writ petition is filed by the petitioner putting to challenge the OM dated 18.09.2024 on the grounds and reasons mentioned in the present writ petition. 3. The learned counsel for the parties have placed before the Court an order passed by a Co-ordinate Bench vide order dated 03.04.2025 whereby similar writ petitions filed Page No.# 3/4 challenging the OM dated 18.09.2024 was put to challenge came to be disposed of. The said order was passed on consent whereby those writ petitions were disposed of with certain directions, however, without any finding on merits. The directions are extracted as below: 7. Without going further into the issue as to whether the impugned OM dated 18.09.2024 is bad in law or not, it would be proper to refer to the proposal that had been made by the learned AG, Assam on an earlier date, which is to the effect that all the applications for compassionate appointment, in relation to the cases which are pending in this Court, challenging the impugned OM dated 18.09.2024, shall be considered by the concerned authorities on merit. The same would be done by taking into account the various guidelines for compassionate appointment prior to 01.04.2017 that were applicable in the State of Assam and the various decisions passed by the Hon’ble Supreme Court and the High Court. 8. The counsels for all the petitioners have submitted that they are agreeable to the proposal made by the learned AG, Assam and as such, do not wish to press their challenge to the impugned OM dated 18.09.2024 any longer. 9. In view of the consent of the learned counsels for the parties, all the writ petitions that are pending as on today, i.e., 03.04.2025, in the Gauhati High Court, which have put to challenge the impugned OM dated 18.09.2024, are to be decided as follows:- (i) All the applications for compassionate appointment submitted by the petitioners 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. Consequently, the rejection of all compassionate appointments by the DLC/SLC, which have been put to challenge and are pending in the Gauhati High Court as on 03.04.2025, are set aside. (ii) The entire process for considering the various applications for compassionate appointment and the decision to be taken in each case 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 concerned District Commissioner, who is also the Chairman of the DLC, if the matter pertains to the DLC. In other cases, the Chief Secretary to the Government of Assam, who is the Chairman of the SLC, if the matter pertains the SLC. 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 Page No.# 4/4 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” 4. The learned counsel for the petitioner as well as Mr. R. Dhar, learned Addl. Sr. Government Advocate submit that they are agreeable to a similar order that has been passed by the Co-ordinate Bench and further submits that the Department will consider the case of the petitioner by taking into consideration various guidelines prior to 01.04.2017 laid down by the State Government read with the Judgment of the Apex Court as well as by this Court. 5. In that view of the matter without issuing notice at this stage, this Court considers it appropriate to dispose of the writ petition since the counsel for the parties are agreed that similar directions can be issued. 6. In the facts of the present case, the case of the petitioner was rejected by the SLC vide its Minutes dated 16.08.2022 and the said rejection order is challenged before this Court. Accordingly, as agreed to by the parties, the respondents will consider the case of the petitioner without taking recourse to the OM dated 18.09.2024. 7. In view of the above, the respondents will take all steps to place the matter before the SLC and the SLC will thereafter consider the matter in terms of the directions extracted in this order without taking recourse to the OM dated 18.09.2024 and thereafter pass appropriate orders thereon. It is directed accordingly. 8. Accordingly, the writ petition stands disposed of. JUDGE Comparing Assistant