Gauhati High Court
WP(C)/4348/2026 of SURAJ BRAHMA Vs THE STATE OF ASSAM AND 2 ORS on 16 August 2026
GAHC010169982026 2026:GAU-AS:11690 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4348/2026 SURAJ BRAHMA SON OF LATE BIMAL BRAHM, AGED ABOUT 26 YEARS, RESIDENT OF VILLAGE PASCHIM NALBARI, POST OFFICE KHATIKUTCHI B.O., POLICE STATION
GAHC010169982026
2026:GAU-AS:11690
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4348/2026
SURAJ BRAHMA
SON OF LATE BIMAL BRAHM, AGED ABOUT 26 YEARS, RESIDENT OF
VILLAGE PASCHIM NALBARI, POST OFFICE KHATIKUTCHI B.O., POLICE
STATION GHOGRAPAR, DISTRICT- NALBARI, PIN781369, ASSAM.
VERSUS
THE STATE OF ASSAM AND 2 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, DEPARTMENT OF AGRICULTURE, BLOCK, 1ST
FLOOR, JANATA BHAWAN (CIVIL SECRETARIAT), DISPUR, GUWAHATI- 781006, ASSAM
2:THE DIRECTOR OF AGRICULTURE
DIRECTORATE OF AGRICULTURE
KRISHI BHAWAN
G.S. ROAD
KHANAPARA
GUWAHTI-781022
ASSAM
3:THE DISTRICT AGRICULTURAL OFFICER
ULUBARI
KAMRUP (M)
GUWAHATI-781007
ASSA
Advocate for the Petitioner : MR D S DEKA, Advocate for the Respondent : SC, AGRI. DEPARTMENT,
BEFORE
HONOURABLE MR. JUSTICE NELSON SAILO
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ORDER
Date : 17-08-2026
Heard Mr. DS Deka, learned counsel for the petitioner, who submits that the petitioner’s father died-in-harness on 28.07.2022, while working as Peon in the office of the District Agricultural Officer, Kamrup, Ulubari. After his death, the petitioner submitted an application for compassionate appointment before the District Agricultural Officer concerned, which was in turn forwarded by the said authority to the Director of Agriculture on 30.06.2023. Despite the same, since no steps have been taken, the petitioner on 18.06.2026 submitted a representation to the Director of Agriculture praying for considering his prayer for compassionate appointment. Since the same has also not been considered, the petitioner is before this Court. [2.] Mr. Deka, learned counsel for the petitioner submits that the limited prayer of the petitioner, at this stage is for a direction to the respondent authorities to consider and dispose of the representation submitted by the petitioner. [3.] Per contra, Ms. R Bora, learned Standing Counsel, Agriculture Department submits that the State Government currently is following the Policy of paying compassionate family pension instead of giving compassionate appointment to those who died-in-harness on or after 01.04.2017. Since the father of the petitioner expired on 28.07.2022, the petitioner is not entitled to be considered for compassionate appointment but for compassionate family pension as per the Rules. In support of her submission, the learned Standing Counsel has produced a Notification, dated 14.09.2017 issued by the Government of Assam in the
Finance Department (Establishment-A). [4.] The subject matter of the Notification is “scheme for compassionate family pension in lieu of compassionate appointment” effective for those who died-in- harness on or after 01.04.2017 instead of the compassionate appointment. [5.] Having regard to the above position, it only appears that the petitioner is covered by the said Notification and therefore, no direction for considering his representation can be issued. [6.] The writ petition accordingly stands dismissed in limine. It is, however, observed that in the event, the petitioner submits an appropriate application seeking for compassionate family pension, the same be considered by the respondent authorities concerned in accordance with law. JUDGE Comparing Assistant