WP(C)/611/2026 of SUGRIM PRASAD Vs THE STATE OF ASSAM AND 4 ORS on 28 April 2026

ORDER

Date : 29-04-2026 Heard Mr. Z Hammad, learned counsel for the petitioner. Also heard Ms. K Phukan, learned Government Advocate appearing for the State respondents. [2] Although 2 (two) opportunities were granted to the learned Government Advocate to obtain instructions, but today, she submits that she is yet to receive instructions in the matter. [3] Considering the issue involved, this Court considers that the matter can be disposed of at this stage itself. [4] This is the 2nd time, the petitioner is before this Court. The earlier writ petition, being WP(C) 5679/2023 was disposed of, vide order dated 27.09.2023 by directing the respondent authorities concerned to consider appointing the petitioner on compassionate basis by taking into account Clause-15 of the Office

Memorandum (OM) dated 01.06.2015, wherein it is provided that if there are no subsequent vacancies in a particular office to accommodate the person on compassionate basis, it is open for the Administrative Department/Office to take up the matter with other Departments/Offices of the Government to provide appointment on compassionate basis to those waiting in the list. [5] It is the case of the petitioner that his father died-in-harness on 03.03.2016, while working as a regular Grade-IV employee under the District Elementary Education Officer, Hojai and pursuant to which, he applied for compassionate appointment. The case of the petitioner was considered by the District Level Committee (DLC), Hojai on 15.07.2024 and he was recommended for appointment on compassionate basis and his case was to be placed before the State Level Committee (SLC) for further consideration in terms of Clause-15 of the OM dated 01.06.2015 as was observed by this Court in the earlier round of litigation. Despite the same, since the SLC has not considered his case, the petitioner is once again before this Court. [6] No doubt, the State Government has come up with the Compassionate Family Pension Scheme in lieu of compassionate appointment by issuing OM dated 18.09.2024, but the fact remains that the case of the petitioner is pending consideration after his case was recommended by the DLC concerned on 15.07.2024, pursuant to the direction passed by this Court on 27.09.2023. Such being the case, it cannot be said that the case of the petitioner will be covered by the OM dated 18.09.2024. [7] In that view of the matter, the writ petition is disposed of by directing the respondent authorities concerned to place the case of the petitioner before the next SLC concerned for considering his appointment on compassionate basis.

The SLC in making such consideration shall also take into account Clause-15 of the OM dated 01.06.2015.

JUDGE Comparing Assistant