GAHC010204422024 2025:GAU-AS:16257

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/5293/2024

NANDITA DAS

WIFE OF RANU CHANDRA DAS,

VILLAGE- CHANRAPUR PT-1,

P.O.- LALA, DISTRICT- HAILAKANDI, ASSAM 788163.

VERSUS

THE STATE OF ASSAM AND 7 ORS

IS REPRESENTED BY THE SECRETARY,

FOOD, PUBLIC DISTRIBUTION AND CONSUMER AFFAIRS DEPARTMENT,

GOVERNMENT OF ASSAM, GUWAHATI-6.

2:THE STATE LEVEL SELECTION COMMITTEE FOR COMPASSIONATE

APPOINTMENT

REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF

ASSAM DISPUR GUWAHATI-6.

3:THE SECRETARY

GOVERNMENT OF ASSAM

FINANCE (SIU) DEPARTMENT

DISPUR GUWAHATI- 781006.

4:THE COMMISSIONER FOOD CIVIL SUPPLIES

CONSUMER AFFAIRS AND LEGAL METROLOGY

GUWAHATI- 781007.

5:THE DISTRICT LEVEL SELECTION COMMITTEE FOR COMPASSIONATE

APPOINTMENT

REPRESENTED BY THE DISTRICT COMMISSIONER

KARIMGANJ.

6:THE DISTRICT COMMISSIONER

KARIMGANJ ASSAM.

7:THE DIRECTOR FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS ASSAM BHANGAGARH GUWAHATI 781005.

8:THE TREASURY OFFICER KARIMGANJ ASSAM Advocate for the Petitioner : MR. M DUTTA, L DEKA,MS S DEV Advocate for the Respondent : GA, ASSAM, SC, FINANCE DEPTT.,SC, F C I BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

ORDER

Date : 28.11.2025 Heard Mr. M. Dutta, learned counsel for the petitioner. Also heard Ms. M.

Bhattacharjee, learned counsel for the respondent Nos. 1, 2, 4, 5, 6 & 7 and Mr.

R. Borpujari, learned counsel for the respondent Nos. 3 & 8.

2. The petitioner’s case is that the petitioner’s husband died in harness on 05.02.2015, while working as a Grade-IV employee in the office of the District Commissioner, Karimganj. The petitioner thereafter applied for compassionate appointment and in the meeting minutes of the District Level Committee dated 30.12.2015, the petitioner was recommended for compassionate appointment. The State Level Committee, headed by the Chief Secretary, thereafter approved the petitioner for compassionate appointment, vide its meeting minutes dated

01.03.2024.

3. The extract of the meeting minutes of the SLC dated 01.03.2024 states as follows:-

“Shri Paban Kumar Borthakur, IAS, Chief Secretary, Government of Assam, chaired the State Level Committee (SLC) meeting for appointment on compassionate ground in Grade-IV posts available under Food. Public Distribution & Consumer Affairs Department for this purpose.

The Chairman welcomed the Members of the Committee and requested the Member-Secretary to initiate the discussion as per the Agenda.

The Member Secretary apprised the Committee about 01 (one) pending case for appointment on compassionate ground under FPD&CA Department in respect of Smti. Nandita Das W Late Ranu Ch. Das. Ex-Peon. FPD&CA. Karimganj, recommended by the District Level Committee Karimganj for appointment on compassionate ground in Grade-IV (peon) post.

The Committee, being satisfied with the proposal, approved the applicant Smti.

Nandita Das for her appointment on compassionate ground in the post of Peon (Grade-IV) available in the 11-the District Commissioner, Karimganj.

The meeting ended with vote of thanks to the Chair.”

4. The State respondents not having issued any appointment order to the petitioner, the petitioner has filed the present writ petition.

5. The respondents’ counsels submit that in terms of the communication No. ECF-581111/162 dated 20.11.2024, issued by the Secretary to the Government of Assam, Food & Public Distribution and Consumer Affairs Department, the petitioner’s prayer for compassionate appointment would be disposed of in line with the SOP issued by the Personnel Department and subject to receipt of concurrence from the Finance Department. The respondents have submitted Executive order No. ABP.107/2024/Pt/102 dated 30.08.2025, issued by the Commissioner & Secretary to the Government of Assam, Personnel Department, which provides that the scheme for compassionate appointment has already been superseded by the compassionate family pension w.e.f. 01.04.2017 and in consonance with the judgment and order passed by