GAHC010277742023

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THE GAUHATI HIGH COURT AT GUWAHATI

(The High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh)

PRINCIPAL SEAT AT GUWAHATI

WP(C)/7189/2023

1. Md. Tayab Ali Choudhury, Age-24 years, S/o JC-664432N late Nur Uddin Choudhury,

Bhairab Naqgar, Krishnapur, Cachar, Assam, PIN-788025

…… Petitioner

-Versus-

1. The Union of India represented by the Secretary to the Govt. of India, Ministry of Home

Affairs, North Block, New-Delhi, PIN-110001.

2. The Commandant, 571 ASC BN, C/o 99 APO, Army Cantonment, Missamari, Tezpur, District

Sonitpur, Assam.

3. The commanding Officer, ASC, Records (South), Bangalore, PIN-900493 C/) 56 APO.

4. The principal Controller of Defense, Accounts (Pension), Prayagraj, Uttar Pradesh.

…… Respondents

BEFORE

HON’BLE MR. JUSTICE SOUMITRA SAIKIA

For the Petitioner(s) : Mr. B. D. Das, Sr. Advocate & Mr. B. Purkayastha

For the Respondent(s) : Ms. A. Gayan, CGC

· Date on which Judgment was reserved : N/A

· Date of Pronouncement of Judgment : 27.11.2025 · Whether the pronouncement is of the Operative Part of the Judgment : No · Whether the full Judgment has been Pronounced : Yes

JUDGMENT AND ORDER (ORAL)

Date : 27-11-2025 Heard Mr. B. D. Das, learned Senior Counsel assisted by Mr. B.

Purkayastha, learned counsel for the petitioner. Also heard Ms. A. Gayan, learned CGC for the respondents.

2. This writ petition is directed against the non-consideration of the claim of the petitioner for appointment under the scheme for compassionate appointment under Central Government, which is published on 02.08.2022. The facts shorn-of-unnecessary details are that the petitioner’s father enrolled as a Driver (MT) in the Indian Army on 04.05.1984. Subsequently, he was promoted to the post of Naib Subedar. While he was serving as a Naib Subedar in the Army Cantonment and posted at Missamari in Assam, he fell ill and had undergone medical treatment at the Command Hospital in Kolkata. Subsequently, he was discharged on 03.08.2012 with a remark that he was unable to walk due to skull defect (Carnioplasty Dome) and he was recommended for sick leave and review thereafter. It is the claim of the petitioner that during the services rendered by his father, he had rendered his service to the best of his ability and to the satisfaction of all concerned and was awarded several medals and citations for the services rendered. His character at the time of retirement was assessed as ‘Exemplary’. However, in spite of the treatment undertaken by the petitioner’s father, he could not recover and was therefore, released from the Command Hospital (EC) Kolkata. Subsequently, he was released from service on medical grounds w.e.f. 26.12.2012. At the relevant point in time, the writ petitioner was a minor and therefore, he could not apply for compassionate appointment at that time. However, subsequently, the petitioner applied for appointment on compassionate ground on attaining majority.

3. The claim of the writ petitioner for compassionate appointment was rejected on the ground that the appointment under the compassionate scheme applicable for Defence Personnel are only meant for dependents of the Armed forces personnel who died in harness or was medically invalidated out where the competent medical authority considered the disability as unsuitable for civil employment. Upon scrutiny of the documents of the father of the writ petitioner, it was found that the competent medical authority in respect of the father of the writ petitioner, had endorsed that he was fit for Civil Employment. Therefore, employment assistance on compassionate ground is not applicable to the dependents of such the deceased soldier. The widow of the soldier and the mother of the petitioner filed an appeal before the higher authorities, which also came to be rejected. Being aggrieved, the present writ petition has been filed.

4. Mr. B. D. Das, learned Senior Counsel appearing for the petitioner submits that this rejection is contrary to the scheme itself. Referring to the partic