Page No.# 1/8 GAHC010110862022 2026:GAU-AS:7021 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3806/2022 KARABI MEDHI DAUGHTER OF LATE SUNANDA MEDHI, RESIDENT OF HOUSE NO.-17, BAPUJI NAGAR (PART), NOONMATI, POST OFFICE- NOONMATI, POLICE STATION- NOONMATI, DISTRICT- KAMRUP(M), ASSAM, PIN- 781020. VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF HOUSING AND URBAN AFFAIRS, ASSAM SECRETARIAT, DISPUR, GUWAHATI-06, ASSAM. 2:THE JOINT SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF HOUSING AND URBAN AFFAIRS ASSAM SECRETARIAT DISPUR GUWAHATI-06 ASSAM. 3:THE MANAGING DIRECTOR ASSAM URBAN WATER BOARD SUPPLY AND SEWERAGE BOARD AMRITPUR PATH GANESHGURI GUWAHATI-6. 4:THE SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT GUWAHATI KAMRUP(M) ASSAM Advocate for the Petitioner : MR. J KALITA, MS. S. KAR,MR D KALITA Page No.# 2/8 Advocate for the Respondent : GA, ASSAM, SC, ASSAM URBAN WATER SUPPLY AND SEWERAGE BOARD Linked Case : WP(C)/3847/2022 BINITA KALITA DAS WIFE OF LATE PADMA KANTA DAS RESIDENT OF VILLAGE- RUKMINIGAON POST OFFICE- DISPUR DISTRICT- KAMRUP(M) ASSAM PIN- 781006. VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY T THE GOVERNMENT OF ASSAM THE DEPARTMENT OF HOUSING AND URBAN AFFAIRS DISPUR GUWAHATI-06. 2:THE JOINT SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF HOUSING AND URBAN AFFAIRS DISPUR GUWAHATI-06. 3:THE MANAGING DIRECTOR ASSAM URBAN WATER SUPPLY AND SEWERAGE BOARD DISPUR GUWAHATI. KAMRUP(M) ASSAM PIN- 781006. 4:THE SECRETARY TO THE GOVERNMENT OF ASSAM. DEPARTMENT OF FINANCE GUWAHATI KAMRUP(M) ASSAM. ------------ Advocate for : MR. J KALITA Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 2 ORS Page No.# 3/8 BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER 20.05.2026 Heard Mr. J.Kalita, learned counsel for the petitioner. Also heard Mr. T C Chutia, learned Senior counsel assisted by Mr. A Bhatacharjee, learned counsel, for the respondent Nos. 1 & 2 and Ms. M. Bora, learned counsel appearing on behalf of Mr. SP Chudhury, learned counsel for the respondent No. 3. 2. The present writ petitions have been filed by the petitioners, who claim that on the death of the sole bread earner of their families, who were serving under the Assam Urban Water Supply and Sewerage Board, the petitioners have applied for appointment on compassionate grounds in the aforesaid Board. 3. Learned counsel, Mr J. Kalita, appearing for the petitioners, has submitted that the petitioners were initially engaged as Khalasi (WC). The petitioner in WP(C) No. 3806/2022 was appointed by the Order 05.05.2010 and posted to the head office. The petitioner in WP(C) No. 3847/2022 was also appointed as Work Charged (WC), Khalasi on 25.11.2009. 4. The petitioners, during their course of service, had preferred a Page No.# 4/8 representation to the concerned authorities, praying that their candidature may be considered for appointment on compassionate grounds on a regular basis against the vacant posts of Grade III & Grade IV. According to the qualifications of the petitioners, the representations of the petitioners were taken up by the concerned department and the respondent No. 1 acting through the Jt. Secretary to the Government of Assam, Department of Housing and Urban Development, had required the respondent No. 3, acting through the Managing Director, to submit the proposal along with justification and detailed documents for taking urgent action from the end of the Government. 5. By a communication dated 22.02.2022, the respondent No. 3 had informed the Government of Assam that there were two sanctioned vacant posts of regular Khalasi under Grade-IV at the head office where the petitioners could be regularised. An approval was sought from the Government for upgradation to the regular post as applicable, considering their experience and qualification on compassionate grounds. By the Order dated 20.05.2022, the Government of Assam in the Department of Housing and Urban Affairs had rejected the proposal for upgradation to regular post in respect of both the petitioners in view of the Finance Department's OM No. FEC (II) 49/2010/118 dated 16.06.2012. Page No.# 5/8 6. The learned counsel for the petitioner has submitted that the petitioners had applied for being considered for compassionate appointment in the year 2006 and 2009, respectively, and instead of being appointed on compassionate grounds on a regular basis, they were given immediate succour by allowing them to work as Work Charged (WC), Khalasi. 7. The learned counsel for the petitioner has submitted that the petitioners' cases ought to have been considered for appointment on compassionate grounds, and from the tenor of the letter dated 22.02.2022, it is apparent that the Managing Director of the respondent No. 3 had indicated that two numbers of sanctioned vacant posts against which the appointment of the petitioners on compassionate grounds could be considered. By drawing the attention of this Court to the office memorandum dated 01.06.2015 dealing with compassionate appointment, the counsel has submitted that the autonomous bodies/institutions, including municipal corporations, cooperative institutions, and universities under the control of the Government, may adopt the policy or formulate such a policy for compassionate appointment in their services on the lines of the compassionate appointment scheme under the Government. Concerned departments were required to issue suitable directives to the various public sector undertakings for adopting such policies. The learned counsel for Page No.# 6/8 the petitioners has submitted that the attempt of the Municipal Board to have the cases of the petitioners considered for compassionate appointment on a regular basis, pursuant to their applications, has not yet been decided by the concerned department, and the petitioners continue to work as Work Charged (WC) Khalasi. 8. The learned counsel appearing for the respondent Nos. 1 & 2 has submitted that the letter dated 22.02.2022 had requested a consideration for the regularization of the services of the petitioner, and therefore, in view of the Office Memorandum dated 16.06.2012 issued by the Finance Department, no positive consideration could be given to the petitioners' case. 9. Having heard the learned counsels for the parties and having considered the materials placed on record, I am of the opinion that the petitioners had been given an immediate succor by way of appointing them as Work Charged (WC), Khalasi to overcome the loss of the sole bread earners in their family, and their cases for compassionate appointment had remained to be considered as projected in the communication dated 22.02.2022. 10. The Assam Urban Water Supply and Sewerage Board is a Government of Assam undertaking, and the Managing Director of the Board had forwarded the Page No.# 7/8 proposal of compassionate appointment of the petitioners to the Government, seeking approval for regularizing their appointments on compassionate grounds. In essence, I am of the view that the concerned Government department was required to have considered whether the petitioners in the two writ petitions could have been considered for appointment on compassionate grounds rather than a consideration for regularization of their services from Work Charged (WC), Khalasis to regular post of Khalasis, as has been sought to be denied by the impugned order dated 20.05.2022. 11. In view of the above, since the communication dated 20.05.2022 does not deal with the request of the respondent No. 3 to consider the appointment of the petitioners on compassionate ground and has rejected the proposal for upgradation to a regular post, the matter is now remanded back to the respondent No. 1, i.e., the Commissioner & Secretary to the Government of Assam, Department of Housing and Urban Affairs, Assam Secretariat, Dispur to consider the letter dated 22.02.2022 in the proper perspective and take a final decision on the entitlement of the petitioners to be considered for appointment on compassionate ground, in accordance with the prevailing law. 12. The decision taken by the Commissioner & Secretary to the Department of Housing and Urban Affairs shall be communicated to the petitioners within a Page No.# 8/8 period of two months from the date of receipt of a certified copy of this order. The petitioners would be at liberty to submit a certified copy of the order of this Court, along with a fresh representation citing their grounds, which they sought to take up in this writ petition for appropriate consideration by the competent authority. 13. The learned counsel for the petitioners submits that the petitioners continue to serve as Work Charged (WC), Khalasi. It is expected that the respondent authorities would not take coercive actions against the petitioners while deciding their representation as directed by this Court. 14. Writ Petitions stand disposed of. No costs. JUDGE Comparing Assistant