'Fixing Cut-Off Date Not Per Se Illegal': Gauhati High Court Upholds Assam Govt's SOP On Compassionate Appointment Claims

The Gauhati High Court has refused to interfere with Assam Government's Executive Order (Standard Operating Procedure) for compassionate appointment cases fixing a cut off date as criteria, holding that State is entitled to prescribe a uniform mechanism for dealing with such claims and fixing a cut-off date is not per se illegal.Justice Kaushik Goswami, presiding over the case, observed, “A writ Court does not sit in appeal over a governmental policy. Interference is warranted only if the policy is unconstitutional, manifestly arbitrary or irrational, discriminatory without reasonable classification or contrary to any statute.”“A direction for consideration in accordance with law does not prevent the State from issuing a general policy applicable to similarly situated cases,” Justice Goswami added and further clarified, “The Executive cannot nullify a binding judicial direction or take away relief specifically granted by a Court. However, that does not preclude the State from issuing executive instructions laying down a uniform procedure for consideration of compassionate appointment cases.”The petitioners had approached the High Court challenging Column B(ii) of the Executive Order dated 30.08.2025, which laid down a standard operating procedure for compassionate appointment cases. They contended that the said clause effectively defeated earlier orders of the High Court directing consideration of their claims.An additional affidavit placed on record the dates of death of the concerned employees and the dates on which applications for compassionate appointment were made, some immediately after death, and some after the applicants attained majority following a lapse of several years.The petitioners argued that Column B(ii) supersedes and overrides prior judicial orders and therefore deserved to be struck down. The petitioners grievance was that the executive order draws a line for application of Column B(ii) and since the petitioners case was covered by a later order of the co-ordinate bench of this court dated 04.06.2025, such cut-off is bad. The State defended the SOP as a policy measure introduced to bring consistency and uniformity in dealing with compassionate appointment claims across the State.The Court in its order while addressing the challenge to the cut-off prescribed under Column B(ii), recorded, “This court is of the unhesitant view that fixing a cut-off date or categorizing cases for administrative uniformity is not per se illegal.”The Court added that the cut- off date is wholly capricious, discriminatory or without rational basis, the same cannot be interfered with under Article 226 of the Constitution of India.Further, the Court noted, “In the present case, the government's action is supported by rational administrative considerations namely; ensuring a uniform disposal mechanism across DLC/SLC, dealing with a large volume of litigation arising from challenges to the Office Memorandum dated 18.09.2024 and bringing the processing mechanism in tune with judicial pronouncements. The impugned classification under Column B(ii) is thus founded on uniformity in decision making, harmonization with judicial directions and administrative feasibility.”Hence, the Court said that the classification has a rational nexus with the object sought to be achieved. Therefore, it said, “Column B(ii) cannot be struck down merely because the petitioners case refers to a later order of this court dated 04.06.2025. Even otherwise, compassionate appointment is not a vested right. It is a concession/welfare measure to meet immediate hardship and has to be strictly in terms of policy/rules. The policy itself highlights the criteria of immediacy and notes that compassionate appointment cannot be claimed after a considerable lapse of time unless permissible under applicable norms.”Thus, finding no ground to interfere with the Executive Order, the Court dismissed the writ petition.Case Title: Abu Ansar Azad & Ors. v. State of Assam & Ors.LL Citation: 2026 LiveLaw (Gau) 22Case No.: WP(C) No. 6506 of 2025Click Here To Read Judgement

'Fixing Cut-Off Date Not Per Se Illegal': Gauhati High Court Upholds Assam Govt's SOP On Compassionate Appointment Claims

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'Fixing Cut-Off Date Not Per Se Illegal': Gauhati High Court Upholds Assam Govt's SOP On Compassionate Appointment Claims

Bhavya Singh

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