Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Gau) 2332

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Michael Zothankhuma, J.
Abdul Kadir Bokshi, Son Of Late Abdul Noor Bokshi – Petitioner
Versus
The State Of Assam Represented By Principal Secretary To The Government Of Assam, School Education Department And Ors. – Respondents
WP(C) 342 of 2025, WP(C) 1033 of 2025, WP(C) 1077 of 2025, WP(C) 1101 of 2025, WP(C) 1126 of 2025, WP(C) 1127 of 2025, WP(C) 1273 of 2025, WP(C) 1419 of 2025, WP(C) 1420 of 2025, WP(C) 1721 of 2025, WP(C) 2261 of 2023, WP(C) 338 of 2025, WP(C) 343 of 2025, WP(C) 446 of 2025, WP(C) 447 of 2025, WP(C) 457 of 2025, WP(C) 483 of 2025, WP(C) 5067 of 2024, WP(C) 5079 of 2024, WP(C) 5560 of 2024, WP(C) 5616 of 2024, WP(C) 5701 of 2024, WP(C) 5795 of 2024, WP(C) 5867 of 2024, WP(C) 5948 of 2024, WP(C) 6149 of 2024, WP(C) 6150 of 2024, WP(C) 6156 of 2024, WP(C) 6162 of 2024, WP(C) 6184 of 2024, WP(C) 6198 of 2024, WP(C) 6206 of 2024, WP(C) 6222 of 2024, WP(C) 6244 of 2024, WP(C) 6266 of 2024, WP(C) 629 of 2025, WP(C) 6302 of 2024, WP(C) 6404 of 2024, WP(C) 6414 of 2024, WP(C) 6420 of 2024, WP(C) 6426 of 2024, WP(C) 6544 of 2024, WP(C) 657 of 2025, WP(C) 658 of 2025, WP(C) 6601 of 2024, WP(C) 6676 of 2024, WP(C) 671 of 2025, WP(C) 690 of 2025, WP(C) 7074 of 2024, WP(C) 7604 of 2023, WP(C) 776 of 2025, WP(C) 780 of 2025, WP(C) 923 of 2025, WP(C) 962 of 2025, WP(C) 997 of 2025, WP(C) 999 of 2025
Decided On : 03-04-2025

Advocates Appeared:
For the Petitioner: Mr F A Laskar, Mr. D H Mozumder
For the Respondent: SC, SEC. EDU., GA, ASSAM

Pending claims for compassionate appointment, challenged on the basis of a recent administrative policy, are to be determined by the authorities on their individual merits, guided by the regulations applicable during the period of the employment-related death, rather than being summarily rejected under the new policy.

Headnote:(A) Administrative Law - Compassionate appointment - Policy framework - Withdrawal of scheme - Legality of departmental memorandum - Whether applications pending before court are to be adjudicated based on merit under existing guidelines. (Paras 2, 7, 9)

(B) Administrative Law - Review of administrative decisions - Judicial intervention - Role of court in directing reconsideration of welfare-related claims by authorities - Doctrine of consent - Parties agreeing to resolve issues by merits-based evaluation rather than strict adherence to challenged memorandum. (Paras 7, 8, 10)

Facts of the case:
Numerous petitioners challenged a departmental memorandum that terminated compassionate appointment schemes for relatives of deceased government employees who died prior to a specified date. The petitioners sought the court's intervention to compel authorities to consider their applications based on merit rather than abrupt rejection under the new policy.

Findings of Court:
The court, acting upon the consent of the involved parties, directed that all applications filed and pending as of the order date be reconsidered on their own merits. It ruled that the authorities must evaluate these claims using relevant historical guidelines, disregarding the impugned memorandum for the purpose of these specific pending matters. The court set aside previous rejections that were under judicial scrutiny and mandated a timeline for the disposal of the applications.

Issues: Whether the departmental memorandum restricting applications for compassionate appointment could be applied to exclude pending claims, and whether the court should direct the authorities to decide these claims on merit based on established historical policy.

Ratio Decidendi: The court emphasized that in the interest of justice and based on mutual consent, welfare-oriented administrative matters should be decided on substantive merit according to the guidelines prevalent at the time of the relevant occurrence, thereby ensuring that procedural barriers do not unfairly preclude fair consideration of claims.

Result: Petitions disposed of with directions for merit-based reconsideration within a fixed timeframe.

Table of Content
1. challenge to the procedural validity of the office memorandum regarding compassionate appointment. (Para 1 , 2 , 3)
2. evaluation of merit-based individual compassionate appointment claims under varying legal circumstances. (Para 4 , 5)
3. settlement of disputes via court-led consensus on merit-based application reconsideration. (Para 6 , 7 , 8)
4. directives for time-bound disposal of pending applications based on pre-2017 compassionate appointment guidelines. (Para 9 , 10 , 11)

ORDER :

MICHAEL ZOTHANKHUMA, J.

Heard Mr. F. A. Laskar, learned counsel for the petitioners in WP(C) Nos. 342/2025, 338/2025, 343/2025, 457/2025 & 690/2025, Mr. K. Mira, learned counsel for the petitioners in WP(C) Nos. 2261/2023 & 6198/2024, Mr. F. U. Barbhuiya, learned counsel for the petitioners in WP(C) No. 7604/2023, Mr. M. K. Choudhury, learned senior counsel for the petitioners in WP(C) Nos. 5067/2024, 629/2025, 657/2025, 658/2025, 1077/2025, 1419/2025 & 1420/2025, Mr. N. Hossain, learned counsel for the petitioners in WP(C) Nos.5079/2024, 962/2025, 1033/2025 & 6404/2024, Ms. S. B. Choudhury, learned counsel for the petitioners in WP(C) Nos. 5560/2024, 5616/2024, 6244/2024 & 6302/2024, Mr. I. Alam, learned counsel for the petitioners in WP(C) Nos. 5701/2024 & 776/2025, Mr. A. M. Barbhuiya, learned counsel for the petitioners in WP(C) Nos. 5795/2024, 6162/2024, 446/2025, 483/2025, 923/2025 & 1721/2025, Mr. K. A. Mazumdar, learned counsel for the petitioners in WP(C) No. 5867/2024, Mr. N. Kalita, learned counsel for the petitioners in WP(C) Nos. 5948/2024, 6414/2024, 6420/2024, 6426/2024 & 1126/2025, Mr. P. K. Munir, learned counsel for the petitioners in WP(C) Nos. 6149/2024 & 6150/2024, Mr. N. Sarma, learned counsel for the petitioners in WP(C) No. 6156/2024, Mr. A. M. Ahmed, learned counsel for the petitioners in WP(C) Nos. 6184/2024, 6206/2024, 6222/2024 & 6266/2024, Mr. M. Dutta, learned counsel for the petitioners in WP(C) Nos. 6544/2024, 447/2025 & 1273/2025, Mr. N. J. Khataniar, learned counsel for the petitioners in WP(C) Nos. 6601/2024, Mr. R. A. Mazumdar, learned counsel for the petitioners in WP(C) Nos. 6676/2024 & 1101/2025, Mr. S. B. Laskar, learned counsel for the petitioners in WP(C) Nos. 7074/2024 & 671/2025, Mr. I. H. Barbhuiya, learned counsel for the petitioners in WP(C) No. 780/2025, Mr. J. P. Baruah, learned counsel for the petitioners in WP(C) No. 997/2025, Mr. H. Das, learned counsel for the petitioners in WP(C) No. 999/2025 and Mr. M. Ahmed, learned counsel for the petitioners in WP(C) No. 1127/2025. Also heard Mr. R. Dhar, learned Addl. Senior Government Advocate for the State of Assam, Mr. B. Kaushik, learned counsel for the Department of School Education, Mr. S. Dutta, learned counsel for the Revenue Department, Mr. S. Sarma, learned counsel for the Health Department, Mr. I. Kalita, learned counsel for the PHE and Forest Department, Mr. S. Bora, learned counsel for the BTC and Ms. M. Kotoky, learned counsel for the AH&V.

2. All the writ petitioners have prayed for setting aside the Office Memorandum (OM) dated 18.09.2024 issued by the Government of Assam, Personnel (B) Department, by which the scheme for compassionate appointment has been done away with for all those family members of the Government servants, who died in harness prior to 01.04.2017. The OM dated 18.09.2024 has been issued in complete supersession of the compassionate appointment policy, notified by the Government of Assam, Personnel (B) Department, vide OM No. ABP.50/2006/Pt-182 dated 01.06.2015 and other related Personnel Department office memorandums, pertaining to the said compassionate appointment policy.

3. The basic object and prayer of all the petitioners in all the writ petitions is that the State Government should consider the petitioners’ applications for compassionate appointment on merit and not reject the petitioners’ application with one stroke of the pen, by referring to the impugned OM dated18.09.2024.

4. On considering the v

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2025 Supreme(Gau) 2332

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