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2026 DAILYLAW 3178 (GAU)

ALOK SHANKAR DAS v. THE STATE OF ASSAM AND 4 ORS

WP(C)/1221/2026 · 2026-03-05

Soumitra Saikia

Writ Petition (Civil)body2026

Judgment text

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Page No.# 1/4 GAHC010005992026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1221/2026 ALOK SHANKAR DAS S/O. LATE DEBENDRA CHANDRA DAS, VILL. CHANDRAPUR, P.O.- BHAKATPUR, P.S. -SILCHAR, DIST.-CACHAR, ASSAM, PIN 788005 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HOME DEPARTMENT, DISPUR, GUWAHATI - 781006. 2:THE DIRECTOR GENERAL OF POLICE (A) ASSAM ULUBARI GUWAHATI- 781007 3:GENERALTHE DIRECTOR GENERAL OF CIVIL DEFENCE AND COMMANDANT GENERAL OF HOME GUARDS ASSAM BELTOLA GUWAHATI- 781007 4:THE INSPECTOR GENERAL OF POLICE (TRAINING AND ARMED POLICE) ASSAM ULUBARI GUWAHATI- 781007 5:THE COMMANDANT 1ST ASSAM SPECIAL RESERVE FORCE BATALION (RENAMED 29TH ASSAM POLICE BATTALION) BARJAR NALBARI Page No.# 2/4 ASSAM- 78134 Advocate for the Petitioner : MR. S B LASKAR, MR. H A LASKAR,MS D DUTTA Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 06.03 .2026 Heard Mr. S.B. Laskar, learned counsel for the petitioner. Also heard Mr. J.K. Goswami, learned Addl. Senior Government Advocate for the State respondents. 2. The present writ petition has been filed by the petitioner seeking a direction to the respondents to dispose of the representation dated 03.11.2025 & 01.12.2025, whereby the petitioner who was appointed on the compassionate ground in the ASRF BN-I, Barjar, Nalbari District under the Directorate of Civil Defence and Home and Guards, Assam. The grievance of the petitioner is that because of some health concerns as he is required to take care of his old aged mother, who is aged about 71 years old, he wants to be reallocated to an Unarmed Branch. His prayers have not been considered therefore, this writ petition has been filed. 3. Upon hearing the learned counsel for the petitioner and upon perusal of the pleadings, it is seen that no ground has been urged before the Court as to why the petitioner should be reallocated to Unarmed Branch. He was appointed vide order No. ASRF Bn-I/R/3/VOL-IV/2022/337 dated 23.09.2022 on Page No.# 3/4 compassionate ground at ASRF BN-I, Barjar, Nalbari, District:Nalbari. 4. The fact remains that the petitioner was appointed to the ASRF Branch (which is renamed as 29 AP Battalion) on compassionate ground. The petitioner did not secure his appointed by the procedure which is prescribed for selection and recruitment to the post by the State Government ordinarily. Having secured employment under the compassionate ground the petitioner is now expressing his difficulty in carrying on the job at the Armed Branch and seeks a transfer to Unarmed Branch. No reference to any rules, notifications or office memorandums have been made to suggest that such a procedure is applicable and the petitioner’s rights under such provisions have accrued which have been denied to by the respondent authorities and thereby, some constitutional legal right of the petitioner has been violated. 5. The writ petition is bereft of any grounds explaining as to why the prayer made by the petitioner, which had not been considered by the authorities, is required to be entertained by this Court. The petitioner is also failed to show any reason why he is unsuitable to perform his duties in the Armed Branch to which he was appointed on the compassionate ground. Under such circumstances this Court does not find any merit in the writ petition and observed that as for seeking direction in the nature of mandamus or any writ of a like nature the existences of a legal right is a sine quo non. 6. In that view of the matter this Court finds that the writ petition is in bereft of any merit and therefore, stands dismissed. Page No.# 4/4 7. The Court in view of the fact that the petitioner was appointed on the compassionate ground restrained itself from imposing any cost. JUDGE Comparing Assistant