Kamal Saikia Vs the State of Assam and 5 Ors.

2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM IRRIGATION DEPARTMENT DISPUR GUWAHATI- 781006 ASSAM. 3:THE CHAIRMAN STATE LEVEL COMMITTEE REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM DISPUR GUWAHATI-781006 ASSAM. 4:THE CHIEF ENGINEER IRRIGATION DEPARTMENT CHANDMARI GUWAHATI- 781003 ASSAM. 5:THE EXECUTIVE ENGINEER

¶11

Page No.# 2/7

¶12

IRRIGATION DEPARTMENT NORTH LAKHIMPUR DISTRICTLAKHIMPUR ASSAM.

¶13

6:THE DISTRICT LEVEL COMMITTEE REPRESENTED BY THE DEPUTY COMMISSIONER NORTH LAKHIMPUR LAKHIMPUR P.O- NORTH LAKHIMPUR DISTRICT- LAKHIMPUR ASSA

¶14

Advocate for the Petitioner : MR P R SARMA, OTOLI KITS,MR. A HUDA,MS. A Y SUMI,S YESMIN

¶15

Advocate for the Respondent : SC, IRRIGATION, GA, ASSAM

¶16

BEFORE

¶17

HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

¶18

ORDER

¶19

15.09.2025

¶20

Heard Mr. P.R. Sharma, learned counsel for the petitioner. Also heard Mr. A Chakrabarty, learned Government Advocate for the State and Ms. D Neog, learned Standing Counsel, Irrigation Department.

¶21

2. This writ petition has been filed by the petitioner seeking appointment on compassionate ground as the late father who was an employee under the Irrigation Department posted at Nowboicha, Lakhimpur as a Tractor Driver died in harness on 21.03.2006. The petitioner submitted his application for appointment on compassionate ground on 05.06.2021 and the same not being considered by the District Level Committee, he had approached this Court by filing W.P(C) No. 8092/2022. This Court by order dated 06.01.2023 disposed of the writ petition directing the application of the petitioner be placed and considered before the next available District Level Committee of the district of

¶22

Page No.# 3/7

¶23

Lakhimpur.

¶24

3. In deference to the said order passed by the Court, the District Level Committee in its meeting held on 07.07.2023 recommended the petitioner for appointment on compassionate ground on a Grade-IV post under the Office of the Inspector of Schools, LDC, Lakhimpur. However, his case was not placed and/or considered by the SLC. Thereafter, it is the apprehension expressed by the petitioner that in view of the Office Memorandum No. ABP. 104/2024/90 dated 18.09.2024, the case of the petitioner has not been considered by the State Level Committee. Being aggrieved, he has filed this writ petition putting a challenge to the said OM dated 18.09.2024.

¶25

4. The learned counsel for the petitioner submits that the case of the petitioner cannot be rejected on the basis of the OM dated 18.09.2024 as there was already a recommendation in his favour by the concerned District Level Committee well prior to the Office Memorandum dated 18.09.2024. This recommendation in favour of the writ petitioner was made pursuant to the directions issued by the Court vide order dated 06.01.2023 passed in W.P.(C) No. 8092/2022. As such, the non consideration of the case of the writ petitioner by the SLC on the ground that the same is barred under the OM dated 18.09.2024 is contrary to the provisions of law as well as the directions issued by the Court.

¶26

5. Mr. A Chakrabarty, learned Government Advocate representing the respondents as well as Ms. D Neog, learned Standing Counsel representing the Irrigation department submit that pursuant to orders passed by the Court after issuance of the OM dated 18.09.2024, an Executive Order dated 30.08.2025 came to be issued whereby the Government laid down a Standard Operating Procedure for disposal of matters on compassionate appointment. The cases,

¶27

Page No.# 4/7

¶28

guidelines & Judgments and timelines for disposal are detailed in the said Executive Order dated 30.08.2025. That apart on the same day i.e. 30.08.2025, the Government issued another order whereby particulars in respect of the person seeking compassionate appointment were permitted to be submitted to the appropriate level in the Government subject to fulfillment of the prescription mentioned in the said notice dated 30.08.2025.

¶29

6. The learned Government advocate disputes the submissions made by the learned counsel for the petitioner. It is submitted that the Office Memorandum dated 18.09.2024 was issued taking into consideration the Judgment of the Apex Court rendered in State of West Bengal Vs Debabrata Tiwari & Ors (Civil Appeal No. 8842-8855 of 2022). Under such circumstances, the Government of Assam had issued the Office Memorandum dated 18.09.2024. He therefore submits that the challenge made to the Office Memorandum dated 18.09.2024 cannot be sustained as the same was issued in terms of the directions issued in Debabrata Tiwari(Supra) by the Apex Court.

¶30

7. Be that as it may, taking into consideration the submissions made by the learned counsel for the parties and the averments made in the writ petition, it is seen that the writ petitioner’s case was considered by the District Level Committee in its meeting held on 07.07.2023 recommending the petitioner for appointment on compassionate ground in a Grade IV post under the office of Inspector of Schools, LDC, Lakhimpur. This was required to be considered or placed before by the State Level Committee which however was not done and while the matter was situated thus, the Office Memorandum dated 18.09.2024 came to be issued. In order to remove the difficulties and to streamline the process, the Government has issued an Executive Order dated 30.08.2025 laying down the Standard Operating Procedure for disposal of matters relating

¶31

Page No.# 5/7

¶32

to appointments on compassionate ground. There are two categories of cases as per the criteria prescribed. In the first category, the cases where the office memorandum dated 18.09.2024 has been challenge and the second category, the cases where the Office Memorandum dated 18.09.2024 has not been challenge. For convenience, the type of case as specified under (i) is extracted below:

¶33

A	B	C	D
	Types of cases	Guidelines of State Government	Time frame for
		and Judgments passed by Hon’ble Supreme Court of India and Hon’ble Gauhati High Court applicable for disposal of such cases	disposal
(i)	All documents/ information received in respect cases of compassionate appointment from the petitioners who have challenged the Office Memorandum No. ABP.104/2024/90 dated 18.09.2024, including those similar cases which have been disposed of by the Hon'ble Gauhati High Court citing the judgment and order dated 03.04.2025 passed by the Hon'ble Gauhati High Court in WP(C) No. 342/2025, pursuant to the Notice dated 30.08.2025 issued by the Personnel Department and subsequently forwarded by the Personnel Department to the respective DLCs/SLCs, shall be considered and disposed of by the concerned DLCs/SLCs on merit by taking into consideration the criteria specified in Para 4 of this SOP and guidelines and judgments as mentioned in Column C & D of this clause. a) b)	O.M. No. ABP.50/2006 Pt-182 dated 01.06.2015. Para 7 of Order dated 03.08.2006 in WP(C) No. 3875/2005 (Achyut Ranjan Das- Vs-SOA & Ors.) State of West Bengal Vs. Debabrata Tiwari and ors (Civil Appeal No. 8842-8855/2022)	For DLC/SLC within 1 (one) Month from the date of receipt of the proposal from Personnel Department & SLC for SLC within 1(one) Month from the date of receipt of such proposal with recommendation onfrom DLC

¶34

8. From the perusal of the criteria above, it is clearly seen that this criteria includes cases where challenges have been made to the Office Memorandum dated 18.09.2024 and which includes similar cases which have been disposed of by this Court by referring to the order dated 03.04.2025 passed in W.P(C) No.

¶35

Page No.# 6/7

¶36

342/2025 pursuant to notice dated 30.08.2025. All these cases shall be considered and disposed of by the concerned DLCs/SLCs on merit by taking into consideration the criteria specified in Paragraph 4 of the SOP and the guidelines and the Judgments as mentioned in Colum C and D of this Clause. From the averments made in the writ petition, it is seen that in the present proceedings, the challenge is made by the petitioner to the Office Memorandum dated 18.09.2024.

¶37

9. The Executive order dated 30.08.2025 also clearly lays down the parameters of the criteria to be taken into consideration while disposal of the cases under compassionate appointment which are specified in detailed under Clause 4.

¶38

10. Perusal of the Executive Order dated 30.08.2025 makes it clear that the writ petition where challenge has been made to the OM dated 18.09.2024 are to be considered and disposed of by the DLCs/SLCs on their own merit by taking into consideration the criteria specified in Paragraph 4 of the said OM dated 18.09.2024.

¶39

11. Under such circumstances, this Court is of the view that the writ petition can be disposed of by directing the respondent authorities to take into consideration the claims of the writ petitioner and dispose of the same by passing an appropriate order in terms of Clause (i) of the Executive Order dated 30.08.2025 and by taking into consideration the parameters specified under Clause 4 thereof. This order however is subject to the particulars required to be filed by the petitioner in terms of the Notice dated 30.08.2025 issued by Personnel Department, Government of Assam.

¶40

12. It is informed to the Court that today is the last date for

¶41

Page No.# 7/7

¶42

submission/uploading these particulars in terms of the notice dated 30.08.2025. 13. The writ petitioner therefore shall be permitted to submit his particulars in terms of the Notice dated 30.08.2025 whereupon, if the particulars are found to be in order, the case of the petitioner shall be considered along with other similarly situated matters and pass appropriate order in terms of the Executive Order dated 30.08.2025.

¶43

14. The writ petition accordingly stands closed in terms of the above.

¶44

JUDGE

¶45

Comparing Assistant

Kamal Saikia v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

Kamal Saikia v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Ankur Saikia Vs the State of Assam and 5 Ors.

Hemanta Bora Vs the State of Assam and 2 Ors.

G 5002134M Ex Rfn Gd Satish Kumar Vs Union of India

Biswa Dev Goswami Vs the State of Assam and 3 Ors.

Manash Jyoti Borgohain Vs Dr Ravi Kota

Kayum Ali Vs the Union of India and 4 Ors.