GAHC010117572025 2025:GAU-AS:16814

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/3065/2025

NAZIB UDDIN LASKAR

S/O- LATE ABDUL KAYUM LASKAR, VILL.- DAKSHIN SONAPUR PART-I,

P.O. MATIJURI, P.S. AND DIST. HAILAKANDI, ASSAM

VERSUS

THE STATE OF ASSAM AND 5 ORS

TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE

GOVT. OF ASSAM, PERSONNEL DEPARTMENT, DISPUR, GUWAHATI-6.

2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF

ASSAMIRRIGATION

IRRIGATION DEPARTMENT

DISPUR

GUWAHATI-6.

3:THE STATE LEVEL COMMITTEE (SLC)

REPRESENTED BY CHIEF SECRETARY TO THE GOVT. OF ASSAM

DISPUR

GUWAHATI-6.

4:THE DISTRICT LEVEL COMMITTEE (DLC)

HAILAKANDI

REPRESENTED BY ITS CHAIRMAN/ DISTRICT COMMISSIONER

HAILAKANDI

ASSAM

5:THE EXECUTIVE ENGINEER

HAILAKANDI

IRRIGATION DIVISION

HAILAKANDI

ASSAM

6:THE CHIEF ENGINEER IRRIGATION DEPARTMENT ASSAM CHANDMARI GUWAHATI Advocate for the Petitioner : MR. A M BARBHUIYA, MS S R MAZARBHUIYA,MS A BEGUM Advocate for the Respondent : GA, ASSAM, SC, IRRIGATION BEFORE HONOURABLE MR. JUSTICE KARDAK ETE

ORDER

Date : 05.12.2025 Heard Mr. A. M. Barbhuiya, learned counsel for the petitioner. Also heard Mr. T. C. Chutia, learned Additional Senior Government Advocate for the State respondents and Ms. D. S. Neog, learned Standing Counsel, Irrigation Department for respondent Nos. 2, 5 & 6

2. Challenge made in this writ petition is to the Office Memorandum dated 18.09.2024, issued by the Commissioner & Secretary to the Government of Assam, Personnel (B) Department, whereby the Government’s policy/scheme of providing appointment to a family member of a Government servant on compassionate grounds has been done away with in complete suppression of the earlier Office Memorandums, Notifications and Policy/Scheme relating to compassionate appointments.

3. The father of the petitioner had died in harness on 01.10.2008 while serving as Grade-IV employee in the office of the Executive Engineer, Hailakandi Division, Hailakandi.

4. It is the case of the petitioner that having faced with the financial hardship on account of the death of his father, the mother of the petitioner applied for appointment on compassionate ground, however the same was not considered. On attaining the age of majority, the petitioner submitted his application for appointment on compassionate ground in the year 2013.

5. The petitioner approach this Court by filing a writ petition, being WP(C) No. 233/2024, whereby this Court by an order dated 22.04.2024, dispose of the said writ petition by directing the concerned District Level Committee (DLC) to consider the case of the petitioner in the next sitting as per law. In the meantime, the impugned Office Memorandum dated 18.09.2024 has been issued, which curtails the right of consideration of the grievance of the petitioner by the DLC in terms of the order of this Court. Therefore, the petitioner seeks interference of the Office Memorandum dated 18.09.2024 and to direct the respondent authority to consider the case of the petitioner in terms of the order of this Court.

6. It is stated at the Bar that, in a similarly situated matter, this Court had directed that the cases of petitioners whose applications for appointment on compassionate grounds were pending should be considered. Pursuant to such direction, the Department has issued a notice seeking applications and relevant documents from the persons whose cases are still pending.

7. Mr. A. M. Barbhuiya, learned counsel for the petitioner, submits that in terms of the notice seeking applications and documents, the petitioner has already submitted his application for appointment on compassionate ground during the pendency of this writ petition.

8. Having considered that the State respondents have issued a notice to submit the applications/requisite documents to persons seeking compassionate appointment prior to the issuance of the Office Memorandum dated 18.09.2024 and that the petitioner has already submitted the application and required documents to the co