Page No.# 1/5 GAHC010058992024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1643/2024 PRANJIT DAS SON OF LATE ANIL DAS, VILLAGE- CHOWKHAM GAON, P.O.- BORDOLONI, DISTRICT- DHEMAJI, ASSAM, 787026. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, PUBLIC HEALTH ENGINEERING DEPARTMENT, ASSAM SECRETARIAT, DISPUR, GUWAHATI, ASSAM- 781006. 2:THE STATE LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT (SLC) REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM DISPUR GUWAHATI PIN CODE- 781006 ASSAM. 3:THE CHIEF ENGINEER PUBLIC HEALTH ENGINEERING HENGRABARI GUWAHATI Page No.# 2/5 PIN CODE- 781006 ASSAM. 4:THE DEPUTY COMMISSIONER CUM CHAIRMAN OF DISTRICT LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT LAKHIMPUR NORTH LAKHIMPUR PIN- 787001 ASSAM. 5:THE EXECUTIVE ENGINEER (PHE) GHILAMARA DIVISION GHILAMARA DISTRICT- LAKHIMPUR PIN- 787053 ASSAM Advocate for the Petitioner : MR P R SARMA, MR D MEDHI Advocate for the Respondent : SC, P H E, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 14.10.2025 Heard Mr. P.R. Sarma, learned counsel for the petitioner. Also heard Mr. T.C. Chutia, learned Addl. Senior Government Advocate for the respondent Nos. 2 and 4 and Mr. I. Borthakur, learned Standing Counsel, PHED for the respondent Nos. 1, 3 and 5. The grievance of the petitioner is the rejection of his candidature for consideration under compassionate appointment scheme by the State Level Committee. Page No.# 3/5 The petitioner’s father Lt. Anil Das was employed as regularized Khalasi under the Executive Engineer, Ghilamara PHC, Lakhimpur District, Assam and he died in harness on 24.12.2012. The petitioner thereafter submitted a representation dated 11.02.2013 to the Executive Engineer, Public Health Engineering Department Ghilamara Division, Lakhimpur District, Assam requesting for consideration of the petitioner for appointment on compassionate ground. The DLC Lakhimpur recommended the petitioner’s name for Grade-III post under the Executive Engineer, PHE, Ghilamara. Thereafter, the matter was required to be placed before the SLC. However, the same not being placed, the petitioner approached this Court by filing WP(C) No.8278/2022. This writ petition came to be disposed of by order dated 22.12.2022, whereby this Court directed the Commissioner and Secretary, Government of Assam in the PHED to place the recommendation of the DLC, Lakhimpur dated 17.03.2022 made in favour of the petitioner before the next available SLC for its consideration. Pursuant thereto, a representation also was filed by the petitioner which was received on 28.12.2022 enclosing the certificate copy of the order dated 22.12.2022 passed in WP(C) No. 8278 of 2022. Pursuant thereto, the petitioner’s case was placed before the SLC. The SLC however, rejected the case of the petitioner on the ground that the office in which the petitioner’s recruitment was recommended by the DLC does not have any vacancy as per OM No. ABP.357/80/Vol 1/303 dated 02.03.2009. The SLC therefore, rejected the recommendation of the DLC for recruitment of the petitioner to Grade III post under the Executive Engineer, Ghilamara PHED. The petitioner being aggrieved has filed this writ petition praying for setting aside the impugned order dated 06.12.2023 passed by the SLC and with Page No.# 4/5 a further prayer for direction to the SLC for approval of the recommendation made by the DLC vide its meeting held on 17.03.2022 considering the financial hardship of the writ petitioner and his family. The Government of Assam by OM dated 18.09.2024 has considered the matter in its entirety and has brought out the OM, whereby it was decided that no further appointment on compassionate ground will be permitted. This notification came to be issued during the pendency of the present writ petition. The writ petition was filed on 19.03.2024 and the OM was issued on 18.09.2024. The learned counsel for the petitioner after addressing the Court for sometime, made a prayer for amendment of the writ petition by challenging the OM dated 18.09.2024. This prayer of the writ petitioner is rejected on the ground that the basic claim in the writ petition is seeking a direction to the SLC to consider the recommendation of the DLC, Lakhimpur dated 17.03.2022 made in his favour and to appoint the petitioner in the recommended post on compassionate ground. The OM dated 18.09.2024 is not a sequel to the recommendation of the DLC or any other orders passed by the SLC in this connection. The OM reflects a decision of the Government at the appropriate level that no further appointment through compassionate ground will be entertained. In the present writ petition no specific challenge has been made to the said OM dated 18.09.2024 as the writ petition was filed well before the OM dated 18.09.2024. Therefore, an amendment to the present writ petition in the present form will alter the very Page No.# 5/5 basis of the challenge made in the writ petition including the prayers and the grounds. Under such circumstances this Court is not inclined to grant the prayer for seeking amendment of the writ petition. It is the view of the Court that pursuant to the OM dated 18.09.2024 the challenge made in the writ petition in its present form has already become infructuous. Under such circumstances this Court does not consider it necessary to entertain the prayers by the petitioner in the absence of any specific challenge made to the OM dated 18.09.2024. This writ petition accordingly is required to be dismissed and the same is ordered accordingly. Interim order, if any stands vacated. Considering that the OM dated 18.09.2024 was issued pursuant to this writ petition being filed on 19.03.2024, this Court gives liberty to the petitioner to approach this Court for any relief by putting a challenge to the OM dated 18.09.2024, if so advised in the meantime. Accordingly, this writ petition stands dismissed. JUDGE Comparing Assistant