ABDUL KADIR BOKSHI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. F. A. Laskar, learned counsel for the petitioners in WP(C) Nos. 342/2025, 338/2025, 343/2025, 457/2025 and 690/2025, Mr. K. Mira, learned counsel for the petitioners in WP(C) Nos. 2261/2023 and 6198/2024, Mr. F. U.Barbhuiya, learned counsel for the petitioners in WP(C) No. 7604/2023, Mr. M. K. Choudhury, learned senior counsel for the petitioners in WP(C) Nos. 5067/2024, 629/2025, 657/2025, 658/2025, 1077/2025, 1419/2025 and 1420/2025, Mr. N. Hossain, learned counsel for the petitioners in WP(C) Nos. 5079/2024, 962/2025, 1033/2025 and 6404/2024, Ms. S. B. Choudhury, learned counsel for the petitioners in WP(C) Nos. 5560/2024, 5616/2024, 6244/2024 and 6302/2024, Mr. I. Alam, learned counsel for the petitioners in WP(C) Nos. 5701/2024 and 776/2025, Mr. A. M. Barbhuiya, learned counsel for the petitioners in WP(C) Nos. 5795/2024, 6162/2024, 446/2025, 483/2025, 923/2025 and 1721/2025, Mr. K. A. Mazumdar, learned counsel for the petitioners in WP(C) No. 5867/2024, Mr. N. Kalita, learned counsel for the petitioners in WP(C) Nos. 5948/2024, 6414/2024, 6420/2024, 6426/2024 and 1126/2025, Mr. P. K. Munir, learned counsel for the petitioners in WP(C) Nos. 6149/2024 and 6150/2024, Mr. N. Sarma, learned counsel for the petitioners in WP(C) No. 6156/2024, Mr. A. M. Ahmed, learned counsel for the petitioners in WP(C) Nos. 6184/2024, 6206/2024, 6222/2024 and 6266/2024, Mr. M. Dutta, learned counsel for the petitioners in WP(C) Nos. 6544/2024, 447/2025 and 1273/2025, Mr. N. J. Khataniar, learned counsel for the petitioners in WP(C) Nos. 6601/2024, Mr. R. A. Mazumdar, learned counsel for the petitioners in WP(C) Nos. 6676/2024 and 1101/2025, Mr. S. B. Laskar, learned counsel for the petitioners in WP(C) Nos. 7074/2024 and 671/2025, Mr. I. H. Barbhuiya, learned counsel for the petitioners in WP(C) No. 780/2025, Mr. J. P. Baruah, learned counsel for the petitioners in WP(C) No. 997/2025, Mr. H. Das, learned counsel for the petitioners in WP(C) No. 999/2025 and Mr. M. Ahmed, learned counsel for the petitioners in WP(C) No. 1127/2025. Also heard Mr. R. Dhar, learned Addl. Senior Government Advocate for the State of Assam, Mr. B. Kaushik, learned counsel for the Department of School Education, Mr. S. Dutta, learned counsel for the Revenue Department, Mr. S. Sarma, learned counsel for the Health Department, Mr. I. Kalita, learned counsel for the PHE and Forest Department, Mr. S. Bora, learned counsel for the BTC and Ms. M. Kotoky, learned counsel for the AH&V.

(2.) All the writ petitioners have prayed for setting aside the Office Memorandum (OM) dtd. 18/9/2024 issued by the Government of Assam, Personnel (B) Department, by which the scheme for compassionate appointment has been done away with for all those family members of the Government servants, who died in harness prior to 1/4/2017. The OM dtd. 18/9/2024 has been issued in complete supersession of the compassionate appointment policy, notified by the Government of Assam, Personnel (B) Department, vide OM No. ABP.50/2006/Pt-182 dtd. 1/6/2015 and other related Personnel Department office memorandums, pertaining to the said compassionate appointment policy.

(3.) The basic object and prayer of all the petitioners in all the writ petitions is that the State Govt. should consider the petitioners' applications for compassionate appointment on merit and not reject the petitioners' application with one stroke of the pen, by referring to the impugned OM dtd. 18/9/2024.