GAHC010117762025 2025:GAU-AS:17814

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/3188/2025

BISHAL CHATTERJEE

S/O LATE BIPLAB CHATTERJEE, VILL- PATHARKANDI, NEAR RAILWAY

STATION, P.O. AND P.S.- PATHARKANDI, DIST- KARIMGANJ, ASSAM

VERSUS

THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM,

PERSONNEL DEPARTMENT AND 5 ORS

DISPUR, GUWAHATI-6

2:THE COMMISSIONER AND SECRETARY

REVENUE AND DM (REGISTRATION) DEPTT.

GOVT. OF ASSAM

DISPUR

PIN-781006

3:THE STATE LEVEL COMMITTEE

REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM

DISPUR

GUWAHATI-6

4:THE DISTRICT LEVEL COMMITTEE

CACHAR (FOR COMPASSIONATE APPOINTMENT)

REPRESENTED BY ITS CHAIRMAN/DISTRICT COMMISSIONER

SRIBHUMI

P.O.

P.S. AND DIST- SRIBHUMI

ASSAM

5:THE DISTRICT COMMISSIONER

SRIBHUMI DISTRICT

P.O.

P.S. AND DIST- SRIBHUMI ASSAM

6:THE SUB-REGISTRAR SRIBHUMI DISTRICT ASSA Advocate for the Petitioner : MR. A M BARBHUIYA, MS A BEGUM,MS S R MAZARBHUIYA,MR. JUNM LASKAR Advocate for the Respondent : GA, ASSAM, SC, REVENUE BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN

ORDER

Date : 16-12-2025 Heard Mr. A.M. Barbhuiya, learned counsel for the petitioner; Ms. M.

Bhattacharjee, learned Additional Senior Government Advocate for the respondent Nos. 1, 3 – 6; and Mr. J. Handique, learned standing counsel for the Revenue Department, being respondent No. 2.

2. In this petition, under Article 226 of the Constitution of India, the petitioner has challenged the Office Memorandum (OM hereinafter) dated 18.09.2024, issued by the Commissioner & Secretary to the Government of Assam in the Personnel Department and prayed for issuing direction to the respondent authorities to place his matter before the State Level Committee (SLC hereinafter) for being appointed him on compassionate ground.

3. Mr. Barbhuiya, learned counsel for the petitioner submits that the father of the petitioner, namely, Biplab Chatterjee, was working as Extra Writer, in the Office of the Sub-Registrar, Sribhumi (erstwhile Karimganj) and he died in harness on 14.02.1999.

3.1. Mr. Barbhuiya further submits that at that time, as the petitioner was minor, initially his mother had applied for being appointed on compassionate ground and accordingly, in the meeting of District Level Committee (DLC hereinafter), held on 20.01.2007, her name was recommended for compassionate appointment to a Grade – III post. But, despite such recommendation of the DLC, her case was not placed before the SLC for approval and in the mean time, the petitioner became major and therefore, he had applied for being appointed on compassionate ground to replace his mother, with her consent. Accordingly, the DLC, in its meeting held on 31.07.2023, had recommended the name of petitioner for compassionate appointment to a Grade – IV post and at the same time, it was clarified that if vacant post is not available in the parent office of the Sub-Registrar, Karimganj, then his claim should be considered as per Clause – 15, in any other department, preferably in the Revenue and Disaster Management (Registration) Department. Accordingly, the Sub-Registrar, Karimganj, was requested to take immediate steps for obtaining the approval from the Government.

3.2. Further submission of Mr. Barbhuiya is that in pursuance to a judgment and order, dated 03.03.2023, passed by the Hon'ble Supreme Court, in the case of State of West Bengal vs. Debabrata Tiwari and Others, in Civil Appeal Nos. 8842 – 8855 of 2022, the Commissioner & Secretary to the Government of Assam in the Personnel Department had issued the impugned OM dated 18.09.2024, abolishing the scheme of compassionate appointment in the state of Assam.

3.3. Mr. Barbhuiya also submits that now the petitioner has challenged the legality and validity of the said impugned OM, dated 18.09.2024, on the ground that the Hon'ble Supreme Court did not contemplate and/or direct to issue this kind of OM, by abolishing the scheme of compassionate appointment.

3.4. It is also the submission of Mr. Barbhuiya that the