GAUHATI HIGH COURT ISSUES ORDER ON ABU ANSAR AZAD AND ORS. V/S THE STATE OF ASSAM AND ORS.

GUWAHATI, India, Feb. 23 -- Gauhati High Court issued the following order on Jan. 22:

1. Heard Ms. S. B. Choudhury, learned counsel appearing for the petitioners. Also heard Ms. M. Bhattacharjee, learned Additional Senior Government Advocate appearing for the State respondents.

2. By way of the instant writ petition under Article 226 of the Constitution of India, the petitioners have put to challenged the impugned Executive Order dated 30.08.2025, issued by the respondent No. 2, so far as Column B(ii) is concerned, primarily on the ground that the said executive stipulation allegedly supersedes and overrides judicial orders and therefore, is bad in law.

3. Ms. S. B. Choudhury, learned counsel appearing for the petitioners, submits that after the order dated 03.04.2025 passed by the coordinate bench of this court in Abdul Kadir Bokshi vs The State of Assam and 4 Ors. in WP(C) No. 342/2025, another order was passed by this court in Abul Kalam Azad Vs. The State of Assam and Ors. in WP(C) No. 2888/2025, directing consideration of petitioners case for compassionate appointment and hence, any cut-off date under Column B(ii) of the executive order is arbitrary and unenforceable.

4. Per contra, Ms. M. Bhattacharjee, learned Additional Senior Government Advocate appearing for the State respondents, submits that the executive order is a policy decision framed for bringing uniformity and consistent decision making by the competent authorities in view of judicial pronouncements, including of the Apex Court and this court, and therefore, no interference is called for.

5. Having heard the learned counsels appearing for the parties and having perused the material placed on record, it is apparent that the government has issued a standard operating procedure for disposal of compassionate appointment cases which, inter-alia, makes categorization of cases and prescribes a uniform mechanism for consideration, which reads as under:

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=lG6h6ilt3H1fOBr4DLdM9f7Dl49dYhmXAQ%2Bnp8TU4VbnVPCrq9RCO55pfpf2G%2FVr&caseno=WP(C)/6405/2014&cCode=1&cino=GAHC010187812014&state_code=6&appFlag=)

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