GAHC010198652023

2026:GAU-AS:319

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/5191/2023

MD. KABIR UDDIN

S/O LATE AKLIS ALI, R/O VILL-KHURAKUNA, P.O.-TILLABAZAR, P.S. AND

DIST-KARIMGANJ, ASSAM, PIN-788709

VERSUS

THE STATE OF ASSAM AND 3 ORS

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT

OF ASSAM, DEPATT. OF PUBLIC HEALTH ENGINEERING, DISPUR,

GUWAHATI-06

2:THE CHAIRMAN OF THE STATE LEVEL COMMITTEE (SLC)

REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM

3:THE DISTRICT LEVEL SELECTION COMMITTEE (DLC)

REPRESENTED BY THE DEPUTY COMMISSIONER OF KARIMGANJ

DISTRICT

DIST-KARIMGANJ

ASSAM

4:THE EXECUTIVE ENGINEER

PUBLIC HEALTH ENGINEERING DEPT.

KARIMGANJ

DIST-KARIMGANJ

ASSA

Advocate for the Petitioner : MR H R CHOUDHURY, S. TALUKDAR

Advocate for the Respondent : SC, P H E, GA, ASSAM

BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

Date : 06-01-2026 Heard Mr. H.R. Choudhury, learned counsel for the petitioner. Also heard Mr. D.

Gogoi, learned counsel appearing for the respondent Nos. 1 & 4 and Ms. M. Bhattacharjee, learned Addl. Sr. Govt. Advocate, Assam representing respondent Nos. 2 &

3.

2. The petitioner in the present proceeding has prayed for a direction upon the respondent authorities to place the case of the petitioner before the State Level Committee (SLC) for consideration of his claim for appointment on compassionate ground. 3. The father of the petitioner while working as ‘Khalasi’ in the establishment of the respondent No. 4 had died-in-harness on 07-12-2016. The petitioner had submitted his application for appointment on compassionate ground on 18-04-2018. The application of the petitioner was considered by the jurisdictional District Level Committee (DLC) in its meeting held on 16-12-2019 with an observation that the application of the petitioner be kept pending for 02 (two) years and the respondent No. 4 was required to submit a proposal in the event any vacancy occurred up-to 22-05-2020, within the 5% quota mandated for appointment on compassionate grounds. It was further stipulated that in the event no admissible vacancy occasioned before 22-05-2020, the claim of the petitioner would be treated as rejected. The petitioner being aggrieved by the said decision of the jurisdictional DLC had approached this Court by way of instituting a writ petition being W.P.(C) No. 8186/2022. The Coordinate Bench of this Court vide order dated 20-12-2022 proceeded to dispose of the said representation of the petitioner by interfering with the decision of the jurisdictional DLC, as arrived at in its meeting held on 16-12-2019, and remanded the matter back to the jurisdictional DLC for fresh consideration as per law.

The case of the petitioner was again placed before the jurisdictional DLC in its meeting held on 06-02-2023. The jurisdictional DLC on consideration of the claim of the petitioner had opined that there was no vacancy available within the 5% quota mandated for appointment on compassionate ground for accommodating the claim of the petitioner, herein, in the establishment of the respondent No. 4. Accordingly, the jurisdictional DLC recommended that the case of the petitioner be considered against any vacant post existing in any other department. The case of the petitioner not being further considered, he has instituted the present proceeding.

4. Mr. H.R. Choudhury, learned counsel for the petitioner by reiterating the facts noticed, hereinabove, has submitted that the claim of the petitioner not having been placed before the SLC after the recommendation was made in his case by the jurisdictional DLC, the case of the petitioner is required to be directed to be placed before the SLC. The learned counsel for the petitioner submits that although vide OM dated 18- 09-2024, the scheme for appointment on compassionate grounds was withdrawn, he submits that the said OM was challenged before this Court by similarly situated persons and the Coordinate Bench of this Court in the case of Abdu