Gauhati High Court
WP(C)/7055/2021 of RUPAK JYOTI DAS Vs THE STATE OF ASSAM AND 4 ORS on 5 February 2026
GAHC010218702021 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7055/2021 RUPAK JYOTI DAS S/O LATE SATYA DAS P.O. GAURISAGAR P.S. GAURISAGAR DIST. SIVASAGAR, ASSAM, PIN-785664 VERSUS THE STATE OF ASSAM AND 4 ORS REP. BY THE
GAHC010218702021
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/7055/2021
RUPAK JYOTI DAS
S/O LATE SATYA DAS
P.O. GAURISAGAR P.S. GAURISAGAR
DIST. SIVASAGAR, ASSAM, PIN-785664
VERSUS
THE STATE OF ASSAM AND 4 ORS
REP. BY THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI-6.
2:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT
ASSAM
PANJABARI
GUWAHATI-37.
3:THE CHIEF EXECUTIVE OFFICER
SIVASAGAR ZILLA PARISHAD
SIVASAGAR.
4:THE DEPUTY COMMISSIONER CUM CHAIRMAN
OF DISTRICT LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT
SIVASAGAR DIST. SIVASAGAR
ASSAM-785664
5:THE CHIEF SECRETARY
ASSAM OF STATE LEVEL COMMITTEE FOR CONSIDERATION OF
APPOINTMENT ON COMPASSIONATE GROUND UNDER PANCHAYAT AND
RURAL DEVELOPMENT DEPARTMENT
Advocate for the Petitioner : MR. M K NEOG, MR. M K DUTTA
Advocate for the Respondent : GA, ASSAM, SC, P AND R.D.
BEFORE
HONOURABLE MR. JUSTICE RAJESH MAZUMDAR
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ORDER
06.02.2026 Heard Mr. M. K. Neog, learned counsel for the petitioner. Also heard Mr. A. K. Ghosh, learned counsel appearing on behalf of Mr. S. Dutta, learned Standing Counsel, P&RD. The case of the petitioner in this writ petition is that the father had met his demise on 27th July, 2016. When the petitioner had not been given the benefit of being considered for appointment on compassionate grounds by the respondent authorities, he had approached this Court by preferring a writ petition bearing WP(C)/4223/2019 which was disposed of by this Court directing the State Level Committee to reconsider the case of the petitioner by examining the availability of vacancy under the department. The petitioner had thereafter submitted a certified copy of the order to the respondents and by an order dated 29th May, 2020, the State Level Committee for appointment on compassionate ground had informed the petitioner that his case had been rejected in the meeting held on 15.02.2019 due to absence of vacancy in the department during 2016-17. The learned counsel for the petitioner has submitted that although some time has passed since the demise of the father of the petitioner, this case having been not properly dealt with by the respondents till date, the respondents are required to be directed to reconsider the case of the petitioner in the light of the applicable Office Memorandums regarding appointment on compassionate ground. This Court having gone through the materials on record and after hearing the learned counsel for the petitioner, is of the opinion that the lapse of time which has occurred from the demise of the father of the petitioner, the age at which the petitioner now stands at and the observations made by the Apex Court in the case of State of West Bengal Vs Debabrata Tiwari & Ors. reported in AIR 2023 SC 1467, it is perhaps too late in the day for the petitioner to await a consideration on compassionate ground. This Court therefore is unable to grant the prayers made in the writ petition and accordingly, the same is rejected. Accordingly, the writ petition stands disposed of.
JUDGE Comparing Assistant