A.K. Sahkil Ahmed Barbhuiya Vs the State of Assam and 4 Ors.

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GAHC010031102025

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

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Case No. : WP(C)/929/2025

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A.K. SAHKIL AHMED BARBHUIYA S/O- LATE ALA UDDIN BARBHUIYA, R/O- VILL- TUPKHANA PT (I), P.O.- TUPKHANA, DIST.- CACHAR (ASSAM).

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VERSUS

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THE STATE OF ASSAM AND 4 ORS.

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REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, PUBLIC HEALTH AND ENGINEERING DEPARTMENT, DISPUR, GUWAHATI-06.

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2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PERSONNEL (B) DEPARTMENT DISPUR GUWAHATI-06.

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3:THE ADDITIONAL SECRETARY TO THE GOVT. OF ASSAM PERSONNEL(B) DEPARTMENT DISPUR GUWAHATI-06.

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4:THE DISTRICT LEVEL COMMITTEE CACHAR REPRESENTED BY THE DEPUTY COMMISSIONER CACHAR P.O. AND DIST.- CACHAR (ASSAM)

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5:THE EXECUTIVE ENGINEER PHE SILCHAR

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DIVISION NO. 1 SILCHAR P.O.- SILCHAR DIST.- CACHAR ASSAM

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Advocate for the Petitioner : MR F A LASKAR, MR. D H MOZUMDER

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Advocate for the Respondent : SC, P H E, GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

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ORDER

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14.11.2025

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Heard Mr. F.A Laskar, learned counsel for the petitioner. Also heard Mr. CKS Barua, learned Jr. Government Advocate for the State.

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The petitioner is aggrieved by the rejection of his case by the DLC vide order dated 30.01.2024 whereby the name of the petitioner appears at Sl. No. 7 in respect of Executive Engineer, PHE, Sichar Division No. 1 stood rejected due to non-availability of Grade-III and Grade-IV post on compassionate quota. The learned counsel for the petitioner being aggrieved has approached this Court has placed reliance on the Judgment and order passed in the batch of writ petitions where the lead case is W.P.(C) No. 342/2025 [Abdul Kadir Bokshi Vs. State of Assam and Ors] which came to be disposed of by order dated 03.04.2025. A Coordinate Bench of this Court by the said order disposed of these bunch of writ petitions with the following directions:

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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

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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 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 Debabrata Tiwari (supra), 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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The learned counsel for the petitioner therefore submits that his case can also be disposed of by issuing similar directions to the respondents. The learned

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counsel for the petitioner as also the learned Jr. Government Advocate for the respondents has placed before the Court copy of the order dated 16.10.2025 passed in I.A(C) No. 3268/2025 whereby prayer for three months extension to comply with the order dated 03.04.2025 passed in W.P.(C) No. 342/2025 and other bunch of cases be granted w.e.f 03.10.2025. The Co-ordinate Bench allowed the interlocutory application and granted three month extension w.e.f. 03.10.2025 for due compliance of the directions contained in the order dated 03.04.2025 passed in W.P.(C) No. 342/2025 and other bunch of writ petitions.

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The learned counsel for the petitioner therefore submits that since this writ petition was pending at the time when W.P.(C) No. 342/2025 and other bunch of writ petitions came to be disposed of by order dated 03.04.2025, the directions contained in the said order are equally applicable in respect of the present writ petition. Such submissions are not disputed by the learned counsel for the respondents.

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Accordingly, the respondents are also directed to consider and dispose of the claims of the writ petitioner in terms of direction passed in W.P.(C) No. 342/2025 and other connected matters vide order dated 03.04.2025 which subsequently stood extended by order dated 16.10.2025 passed in I.A (C) No. 3268/2025.

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The writ petition accordingly stands disposed of.

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Let the exercise be completed within the extended period of time granted to the respondents by this Court vide order dated 16.10.2025 passed in I.A(C) No. 3268/2025.

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The petitioner shall furnish a certified copy of this order before the competent authorities.

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JUDGE

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Comparing Assistant

A.K. Sahkil Ahmed Barbhuiya v. the State of Assam and 4 Ors.

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