Page No.# 1/5 GAHC010069082026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2584/2026 HAMIDUL ISLAM S/O. LATE ABUL HUSSAIN R/O. VILL - KADAMTALA PT. II P.O. - BILASIPARA P.S. - BILASIPARA DIST. DHUBRI, ASSAM PIN -783348. VERSUS THE STATE OF ASSAM AND OTHRS THE STATE LEVEL COMMITTEE, REPRESENTED BY THE SECRETARY GOVT. OF ASSAM, DISPUR, GUWAHATI, PIN.781006. 2:THE DEPUTY SECRETARY GOVT. OF ASSAM PERSONNEL DEPARTMENT DISPUR GUWAHATI PIN. 781006. 3:CHAIRMAN OF DISTRICT LEVEL COMMITTEE AS DISTRICT COMMISSIONER DHUBRI PIN. 783301 4:THE CHIEF ENGINEER UNDER IRRIGATION DEPARTMENT CHANDMARI GUWAHATI - 03. 5:THE OFFICE OF THE EXECUTIVE ENGINEER DHUBRI DIVISION IRRIGATION GAURIPUR DHUBRI PIN. 783331 Page No.# 2/5 Advocate for the Petitioner : MR. H RAHMAN, A KASHYAP,A JUBARIA,MR S HUSSAIN Advocate for the Respondent : GA, ASSAM, SC, IRRIGATION BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 22.05. 2026 Heard Ms. A. Jubaria, learned counsel for the petitioner. Also heard Ms. M. Bhattacharjee, learned Additional Senior Government Advocate appears for the respondents, Ms. D. S. Neog, learned Standing Counsel, Irrigation. 2. This writ petition has been filed by the petitioner seeking an appointment in lieu of the services rendered by the petitioner’s father late Abul Hussain Sk @ Abul Hussain, who served as a Helper, as a regular employee under Dhubri Division of the Irrigation Department. The petitioner’s father was appointed in the year 1982. However, unfortunately while in service he expired on 01.12.2017. At the time of his expiry, the petitioner’s father had another 5 (five) years of service left to his credit. The petitioner has therefore filed an representation before the authorities seeking for compassionate appointment. 3. The learned counsel for the respondents were permitted to obtain instructions on 18.05.2026. Today when the matter is listed before the Court, Ms. M. Bhattacharjee, learned Additional Senior Government Advocate has placed before the Court the notification No. FEG. 28/2017/26 dated 14th September, 2017 to submit that the scheme for family pension has been initiated by the Government in lieu of Compassionate Appointment and in short Page No.# 3/5 is called as a Compassionate Family Pension (CFP) Scheme. By the said notification, all Compassionate Appointments thereafter will be curtailed and in lieu thereof Compassionate Family Pension will be issued to the legal heirs of the deceased government employee. The learned counsel therefore submits that the petitioner’s mother Mrs. Hasina Bibi was granted all pensionary benefits and therefore the consideration of the prayer for the writ petitioner for compassionate scheme is not lie. 4. Ms. D. Neog, learned Standing Counsel, Irrigation has placed before the Court the instructions received. A copy of the instructions is kept as a part of the case record: “As per the said communication dated 21.05.2026 the details of Pensionary benefits paid to Mrs. Hasina Bibi, W/o Lt. Abul Hussain, Ex-Helper whose Date of Birth was 02-08-1960, Date of Death was 01-12-2017 and deemed Date of Retirement was 31-08-2020 owe specified therein and which are extracted below- A. Pension Paper was submitted to the Accountant General, vide this office letter No. GID/1/E-6/PT-XII/2017-18/75 dt. 16-03- 2018 and Provisional Death cum Retirement Gratuity Benefit was sanctioned for Rs. 4,00,00/- (Rs. Four lakh) only vide No. GID/1/E- 6/pt-XIV/2017-18/74 dt. 16-03-18 and finally the Accountant General (A&E), Assam sanctioned the Pension & Death cum Retirement Gratuity Benefit as follows - i. Compassionate Family Pension w.e.f. 02-12-2017 to 31-08-2020 @ Rs. 30,620/- plus other Allowances. ii. Pension at Enhanced Rate w.e.f. 01-09-2020 to 01-08-2027 @ Rs. 15,310/- plus other allowances. Page No.# 4/5 iii. Pension at Normal Rate w.e.f. 02-08-2027 onwards @ Rs. 9,190/- plus other Allowances. B. The Accountant General (A&E), Assam has sanctioned the Death cum Retirement Gratuity Benefit Rs. 5,22,454/- out of which Rs. 4,00,00/- (Rs. Four lakh) only has been paid from this end as soon as death of the incumbent as Provisional Death Cum Retirement Gratuity Benefit and the balance amount was paid by the Treasury Officer, Dhubri after sanction of pension (Copy of PPO Book enclosed as Annexure-I). C. Leave Salary paid in full amounting to Rs. 3,21,510/- (Copy of Acquittance Roll enclosed as Annexure-II) D. GIS Amount (Insured Amount) paid in full amounting to Rs. 1,00,000/- (Copy of Acquittance Roll enclosed as Annexure-II) E. GIS amount (Deposited Amount with interest) paid in full amounting to Rs. 21,440/- (Copy of Acquittance Roll enclosed as Annexure-II) 5. Considering payments made as is reflected in the said communications, and the statement of the learned counsel for the petitioner that the benefits have already been received by the mother of the petitioner, therefore this Court is not inclined to accept the prayer of the writ petitioner in the present form for a direction to the respondents to consider the appointment of the petitioner on compassionate ground. 6. This writ petition being devoid of merit and the same is therefore dismissed. Page No.# 5/5 7. No order as to cost. JUDGE Comparing Assistant