Disposed¶31

Anjali Boro v. the State of Assam

Gauhati HC4 Apr 2025WP(C)/1901/2025

Case brief

AI extract

What is this about?

Compassionate appointment Assam; non-consideration by State Level Committee due to O.M dated 18.09.2024; WP(C)/1901/2025, Anjali Boro v. State of Assam & 2 others; Gauhati High Court order dated 05.04.2025 by Justice Michael Zothankhuma; disposed in terms of order dated 03.04.2025 in WP(C) 342/2025 (lead case of batch) with no objection from respondents; DLC/SLC to decide applications on merit per pre-01.04.2017 guidelines within six months; impugned O.M off-limits but State of West Bengal vs. Debabrata Tiwari (Civil Appeal No. 8842-8855/2020) may be applied; directions expressly not a precedent for cases filed on or after 04.04.2025.

What did the court decide?

The writ petition was disposed of in terms of the directions and observations made in the order dated 03.04.2025 passed in WP(C) 342/2025. ¶31

Anjali Boro Vs the State of Assam — Gauhati HC (2025) — LawSathi Research

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GAHC010072722025

2025:GAU-AS:4185

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

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Case No. : WP(C)/1901/2025

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ANJALI BORO

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D/O LATE ASENDRA BORO, RESIDENT OF 2 NO KACHUTALI, BORDOLONI, P.O-UKHAMATI, P.S-GOGAMUKH, DHEMAJI, ASSAM

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER SECRETARY TO THE GOVERNMENT OF ASSAM, SCHOOL EDUCATION DEPARTMENT DISPUR, GUWAHATI

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2:THE STATE LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT ASSAM BEING REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT OF ASSAM

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DISPUR GUWAHATI

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3:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM PERSONAL DEPARTMENT DISPUR GUWAHATI-0

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Advocate for the Petitioner : MR J PAYENG, MS A PAYENG,MS. SUSMITA DOLEY

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Advocate for the Respondent : SC, ELEM. EDU, GA, ASSAM

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BEFORE

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HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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05.04.2025

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Heard Mr. J. Payeng, learned counsel for the petitioner, who submits that

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the case pertains to the petitioner’s application for compassionate appointment not being considered by the State Level Committee (SLC), due to the O.M dated 18.09.2024. He submits that the present case is covered by the decision and directions in the order dated 03.04.2025 passed in a batch of writ petitions, the lead case being WP(C) 342/2025. He accordingly submits that the present matter may be disposed of, in line with the order dated 03.04.2025 passed WP(C) 342/2025.

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Mr. P.K. Bora, learned counsel for the respondent no.1 and Mr. G. Pegu, learned counsel for the respondent nos. 2 & 3 submit that they have got no objection to the prayer made by the petitioner’s counsel.

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Paragraph 9 & 10 of the order dated 03.04.2025 passed WP(C) 342/2025 states as follows :

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“ 9. In view of the consent of the learned counsels for the parties, all the writ petitions that are pending as on today, i.e., 03.04.2025, in the Gauhati High Court, which have put to challenge the impugned OM dated 18.09.2024, are to be decided as follows:-

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(i) All the applications for compassionate appointment submitted by the petitioners shall be considered and disposed of by the concerned DLC/SLC on merit, by taking into consideration the various guidelines prior to 01.04.2017, laid down by the State Government for compassionate appointment and the judgments of the Hon’ble Supreme Court and the High Court. Consequently, the rejection of all compassionate appointments by the DLC/SLC, which have been put to challenge and are pending in the Gauhati High Court as on 03.04.2025, are set aside.

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(ii) The entire process for considering the various applications for compassionate appointment and the decision to be taken in each case by the

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concerned authorities, should be completed within a period of six months from the date of receipt of a certified copy of this order by the concerned District Commissioner, who is also the Chairman of the DLC, if the matter pertains to the DLC. In other cases, the Chief Secretary to the Government of Assam, who is the Chairman of the SLC, if the matter pertains the SLC.

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10. It is made clear that in view of the consent of the parties, this Court has not gone into the merits of any of the petitioners’ cases that are being disposed of by way of this order and as such, the applications for compassionate appointment should be disposed of by the concerned authorities on merit, as they deem it fit and proper. The decision/s to be taken by the concerned authorities should be based on reasons and the decision taken should be communicated to the petitioners thereafter. It is also directed that while deciding the applications for compassionate appointment, the respondents cannot take recourse to the impugned OM dated 18.09.2024, though the judgment provided therein, i.e., the case of State of West Bengal vs. Debabrata Tiwari and others , (Civil Appeal No. 8842-8855/2020) can be considered/applied by the concerned authorities. It is again made clear that this order cannot be used as a precedent for cases that are filed on 04.04.2025 and thereafter. It shall only apply to cases that are pending before this Court as on 03.04.2025.”

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On considering that the present case is covered by the order dated 03.04.2025 passed WP(C) 342/2025, this Court disposes of the present case, in terms of the directions and observations made in the order dated 03.04.2025 passed WP(C) 342/2025.

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The writ petition is accordingly disposed of.

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JUDGE

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Comparing Assistant

Anjali Boro v. the State of Assam

Case brief

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Anjali Boro v. the State of Assam

Case brief

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