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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
KAUSHIK GOSWAMI
Abu Ansar Azad, S/o. Late Noor Ali – Appellant
Versus
State of Assam, Represented by the Chief Secretary to the Government of Assam – Respondent
| Table of Content |
|---|
| 1. nature of the petition and legal challenge (Para 1 , 2) |
| 2. arguments regarding conformity to judicial orders (Para 3 , 4 , 6) |
| 3. analysis of the executive order and its implications (Para 5 , 7 , 8) |
| 4. judicial review principles and classification rationality (Para 10 , 11 , 13 , 14) |
| 5. clarification of judicial orders and their scope (Para 12) |
| 6. dismissal of writ petition and conclusion (Para 15 , 16 , 17) |
JUDGMENT :
KAUSHIK GOSWAMI, J.
Heard Ms. S. B. Choudhury, learned counsel appearing for the petitioners. Also heard Ms. M. Bhattacharjee, learned Additional Senior Government Advocate appearing for the State respondents.
2. By way of the instant writ petition under Article 226 of the Constitution of India, the petitioners have put to challenged the impugned Executive Order dated 30.08.2025, issued by the respondent No. 2, so far as Column B(ii) is concerned, primarily on the ground that the said executive stipulation allegedly supersedes and overrides judicial orders and therefore, is bad in law.
3. Ms. S. B. Choudhury, learned counsel appearing for the petitioners, submits that after the order dated 03.04.2025 passed by the co-ordinate bench of this court in Abdul Kad
An executive order regarding compassionate appointments can establish uniform procedures that do not override judicial orders; cut-off dates for applications are lawful unless proven arbitrary.
Compassionate appointment is not a right and must be pursued immediately; delays undermine eligibility, extinguishing claims for relief.
Compassionate appointment scheme applicable is that prevalent at employee's death date, not later modifications.
Compassionate appointments are not vested rights and cannot be claimed after significant delays, but dependants' immediate financial needs must be prioritized without arbitrary restrictions.
Compassionate appointment is not a vested right; prolonged delay in application undermines the immediacy required for such claims.
Compassionate employment is granted on humanitarian grounds and is not a vested right. The policy prevailing at the time of the deceased employee's death is crucial for determining compassionate appo....
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