Page No.# 1/4 GAHC010035422025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1438/2025 ABDUR RAHIM CHOUDHURY S/O- LATE ABDUL SATTAR CHOUDHURY BROTHER OF LATE MUZIBUR RAHMAN CHOUDHURYDIED IN HARNESS AS CONSTABLE 6TH APBN KATHAL CACHAR, R/O- VILL- BHAIRABNAGAR, PO KRISHNAPUR, PS- SILCHAR DIST- CCACHAR., ASSAM VERSUS THE STATE OF ASSAM REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM HOME AND POLITICAL DEPTT, DISPUR, GHY- 781006 2:THE STATE LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT TO BE REP. BY THE CHIEF SECRETARY TO THE GOVT OF ASSAM DISPUR GUWAHATI-06 3:TH DIRECTOR GENERAL OF POLICE ASSAM POLICE HEAD QUARTERS ULUBARI GUWAHATI-07 4:THE DEPUTY COMMISSIONER CUM CHAIRMAN OF DISTRICT LEVEL COMMITTEE (DLC) DIST-CACHAR P.O-SILCHAR ASSAM PIN-788001 5:THE SUPERINTENDENT OF POLICE CACHAR P.O-SILCHAR Page No.# 2/4 ASSAM PIN-788001 6:THE COMMANDANT 6TH A.P BATTALION KATHAL DIST-CACHAR P.O-SILCHAR ASSAM PIN-788001 7:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PERSONNEL (B) DEPARTMENT GOVT. OF ASSAM DISPUR GUWAHATI-06 ASSA Advocate for the Petitioner : MR D C NATH, MR. B PURKAYASTHA,J.P. BARUAH Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 23.04.2025 Heard Mr. B. Purkayastha, learned counsel for the petitioner. Also heard Mr. R. Dhar, learned Addl. Sr. Government Advocate for the respondents. 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 challenging the OM dated 18.09.2024 was put to challenge. The said order was passed on consent whereby those writ petitions were disposed of with certain directions, however, without any finding on merit. The directions are extracted as below: Page No.# 3/4 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 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 Page No.# 4/4 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 submits that they are agreeable to a similar order that has been passed by the Co-ordinate Bench and 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 earlier rejected by the SLC and the said rejection order was challenged before this Court and in W.A. No. 332/2023 by order dated 11.09.2023, the rejection order of the petitioner by the SLC dated 10.02.2022 as well as the order of the learned Single Judge came to be reversed and set aside. Thereafter the matter however was not placed before the SLC in view of the impugned OM dated 18.09.2024. Accordingly, the respondents are directed to 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. 8. Accordingly, the writ petition stands disposed of. JUDGE Comparing Assistant