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2026 DAILYLAW 14264 (GAU)

SAMIM SULTANA v. STATE OF ASSAM AND 3 ORS

WP(C)/5457/2025 · 2026-09-13

Kaushik Goswami

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010173392025 2026:GAU-AS:13470 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5457/2025 SAMIM SULTANA D/O- SAMSUDDIN AHMED, R/O- BORDOLONG, P.S. SADAR, P.O. KHARIKHANA, DIST. HOJAI, ASSAM, PIN- 782442 AND PRESENT ADDRESS- BENGENAATI, P.S. SADAR, P.O. CHOTO HAIBOR, DIST. NAGAON, ASSAM, PIN- 782003. VERSUS STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HOME DEPARTMENT, DISPUR, PIN- 781005. 2:PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM PERSONNEL (B) DEPARTMENT DISPUR PIN- 781005. 3:DISTRICT COMMISSIONER HOJAI SANKARDEV NAGAR ASSAM PIN- 782442. 4:CIRCLE OFFICER LANKA HOJAI ASSAM PIN- 782442 Advocate for the Petitioner : MD. M H CHOUDHURY, MR MONZUR K CHOUDHURY,R. BARUAH Advocate for the Respondent : GA, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 14.09.2026 Heard Mr. M. K. Choudhury, learned counsel appearing for the petitioner. Also heard Ms. M. Barman, learned Government Advocate appearing for the State respondent. 2. By way of this writ petition under Article 226 of the Constitution of India, the petitioner is seeking payment of ex-gratia amount as well as appointment of the petitioner in any suitable point as per the applicable schemes and rules. 3. The brief facts of the case are that the petitioner’s father was killed by extremists, leaving behind his wife and two daughters. Upon attaining majority, the present petitioner, being one of the daughters, sought appointment against the quota earmarked for eligible family members of persons killed by extremists, as well as ex gratia compensation, under the Assam Public Services (Appointment of Family Members of Persons killed by Extremists/Terrorists) Rules, 1992 [hereinafter referred to as the “Rules of 1992”] and other relevant laws. However, despite the petitioner having made the requisite claim, no relief having been granted, the present writ petition has been filed. 4. During the course of hearing, Ms. M. Barman, learned Government Advocate, submits that an amount of Rs. 2,00,000/- has been sanctioned as additional ex gratia compensation in favour of the petitioner and her sister, being the Next of Kin of the deceased, Late Samsuddin Ahmed. Page No.# 3/4 5. The copy of the sanction order is kept on record and marked as “X”. The copy of the same is also given to the learned counsel for the petitioner. 6. The sanction order reads as under: “SANCTION ORDER Sanction is hereby accorded for an amount of Rs. 2,00,000.00 (Rupees Two Lakh) only for the payment of additional Ex-gratia grant towards the Next of Kin of Late Samsuddin Ahmed, S/O- Late Sakat Ali, Vill- Bordolong, Lanka, who killed by the extremist/terrorist on 12-10-1990. The additional Ex-gratia grant @ 2,00,000.00 is sanctioned in compliance with the provisions of Govt. OM vide No.RR. 25/92/126, dated: 06-06- 1996, Govt. OM No. ABP.24/2009/Vol/658, dated: 29-07-2013 and Govt. Notification No ABP. 121/92/P1-V/135, dated: 22-06-2004, No. RR.69/2004/16, dated: 14-12-2004, Govt. letter No. ΑΒΡ.121/92/P1- V/136, dated: 22-06-2004 and based on the special enquiry report submitted by the Circle Officer, Lanka Revenue Circle vide letter No. LKRC.5(DM)/2019-20/pt-11/6030, dated: 14-11-2025 & No. LKRC.5(DM)/2019-20/pt-11/6541, dated: 30-06-2026, the report of Office of the District Commissioner, Nagaon vide No. Е 111439/2024/312 of the Addl. District Commissioner, Nagaon and the police report vide Ietter No. IV/281/26/1137, dated: 18-05-2026. The bank account details of Noks are as follows: Sl No. Name Account No. IFSC Amount (in Rs.) 1 Samim Sultana 0373001700234992 PUNB0037300 1,00,000.00 2 Begum Jasmin Sultana 110192315510 CNRB0004158 1,00,000.00 Total 2,00,000.00 (Rupees Two Lakh) only. Page No.# 4/4 The amount will be debitable to the Head of Account "2235-Social Security & Welfare-01-Rehabilitation-202-Other Rehabilitation Schemes- 0933-Relief & Rehabilitation for disturbance Relief-000-32-Grants in aid General (Non-Salary)-01 Others (SOD)-G)-GA-V" from allocation of budget, an amounting to Rs. 2,00,000.00 (Rupees Two Lakh) only of the Revenue and Disaster Management Department, Assam received through finassam portal vide allotment No. 05_HOJ/GAD/001-2026- 27(2) 27. dated: 20-08-2026 and the communication letter Ecf No. 809269/1118, dated: 26-08-2026.” 7. Having perused the sanction order, it appears that the grant of ex gratia as prayed for in the instant writ petition has already been sanctioned. 8. Upon instructions, the learned counsel for the petitioner submits that the said amount has already been received by the petitioner. 9. In view of the aforesaid development, nothing further survives for adjudication in the present writ petition. Accordingly, the writ petition stands closed. 10. It is, however, clarified that the closure of the present writ petition shall not preclude the respondents from considering the petitioner’s claim for appointment to any suitable post, in accordance with the applicable rules, if the petitioner otherwise fulfils the requisite eligibility criteria and satisfies the conditions prescribed thereunder. JUDGE Comparing Assistant