GAHC010194472023 2025:GAU-AS:15454

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/5076/2023

BHASKAR GOGOI

SON OF LATE TARUN GOGOI, RESIDENT OF VILLAGE DARAKAIL GAON,

P.O. NAKACHARI, P.S. MARIANI, DISTRICT- JORHAT, ASSAM

VERSUS

THE STATE OF ASSAM AND 4 ORS

REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM AND

CHAIRMAN, STATE LEVEL COMMITTEE FOR APPOINTMENT ON

COMPASSIONATE GROUND, DISPUR, GUWAHATI- 781006

2:THE ASSISTANT INSPECTOR GENERAL OF POLICE (W AND S)

ASSAM

GUWAHATI

ULUBARI

GUWAHATI-7

3:THE DEPUTY COMMISSIONER

DIMA HASAO DISTRICT

HAFLONG AND CHAIRMAN

DISTRICT LEVEL COMMITTEE FOR APPOINTMENT ON COMPASSIONATE

GROUND

4:THE SUPERINTENDENT OF POLICE

DIMA HASAO

HAFLONG

5:THE COMMANDANT 5TH APBN

SONTILLA

DIMA HASAO DISTRIC

Advocate for the Petitioner : MR. A SARMA, MR J P CHAUHAN

Advocate for the Respondent : GA, ASSAM,

:::BEFORE:::

HON’BLE MR. JUSTICE KARDAK ETE Date on which judgment is reserved : N/A Date of pronouncement of judgment : 14.11.2025 Whether the pronouncement is of the Operative part of the judgment : No Whether the full judgment has been Pronounced : Yes Judgment & Order(Oral)

Heard Mr. A. Sarma, leaned counsel for the petitioner. Also heard Mr.

T. C. Chutia, learned Additional Senior Government Advocate for the respondents.

2. By filing this writ petition, the petitioner has put to challenge the rejection of his application for appointment on compassionate ground by the State Level Committee (SLC) vide Minutes of Meeting dated

02.03.2023.

3. The case of the petitioner is that his father, late Tarun Gogoi had died in harness on 19.07.2005, while serving in the Office of the th Commandant, 5 A.P. Battalion, Sontilla, Dima Hasao District, Assam. At the time of his father’s death, the petitioner was only 9 (nine) years old. Upon attaining the age of majority, the petitioner applied for appointment on compassionate ground on 30.11.2015.

4. When the petitioner’s grievance for appointment on compassionate ground was not considered by the District Level Committee (DLC), he approached this Court by way of a writ petition being WP(C) No. 3609/2022. The DLC, instead of considering the matter for recommendation, referred it to the State Level Committee (SLC) for a decision. This Court disposed of the writ petition by directing the DLC to reconsider the matter. Accordingly, the DLC, vide Minutes of Meeting dated 08.07.2022, recommended the petitioner’s name to the State Level Committee. The State Level Committee, however, vide its Minutes of Meeting dated 02.03.2023, rejected the petitioner’s case on the ground of late submission of the application.

5. Challenging the said rejection, Mr. A. Sarma, learned counsel for the petitioner, submits that at the time of the death of the father of the petitioner, he was a minor. Upon attaining majority in the year 2015, the petitioner submitted his application, as he and his family were facing acute financial hardship following the demise of his father. He submits that the rejection of his application on the ground of late submission is unreasonable, inasmuch as the petitioner could not have applied for compassionate appointment while he was a minor. After attaining majority, the petitioner submitted his application as the family was in a state of destitution. Therefore, he contends that the rejection by the SLC is unsustainable, and prays for a direction to the respondent authorities to consider the petitioner for appointment on compassionate ground.

6. While placing reliance on the order of this Court in the case of Saleh Ahmed Mazumder vs the State of Assam & 4 Ors., passed in WP(C) No. 229/2022, Mr. Sarma, learned counsel submits that the norms prevailing at the time of consideration of the application should be considered relevant, as the petitioner submitted his application in the year 2015, and the consideration was made in the year 2022. He has also referred to another order of this Court in the case of Rajesh Nath vs. The State of Assam & 8 Ors., pas