SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2010 Supreme(Gau) 462

IN THE HIGH COURT OF GAUHATI
Biplab Kumar Sharma, J.
Faziron Nessa and Ors. - Appellants
Vs.
State of Assam and Ors. - Respondent
W.P. (C) No. 2783 of 2003, W.P. (C) Nos. 6123 and 9515 of 2004, W.P. (C) Nos. 350, 1466 and 5821 of 2006, W.P. (C) Nos. 3914, 4152, 4533, 5035 and 5581 of 2008, Cont. Case (C) 52 of 2009, W.P. (C) Nos. 539, 594, 913, 1234, 1703, 1797, 1864, 2297, 2381, 2562, 2620, 2898, 2932, 3308, 4207, 4369, 4371, 4759, 5058, 5062, 5066, 5171, 5206, 5234, 5279, 5322, 5490, 5491, 5507, 5664, 5735, 5816 and 5865 of 2009 and W.P. (C) Nos. 262, 308, 320, 502, 523, 707, 856, 961, 1028, 1030, 1078, 1082, 1166, 1335, 1385, 1478, 1576 , 1579, 1584, 1633, 1658, 1710, 1796, 1819, 1860, 1877, 1899 and 2031 of 2010
Decided On: 02.07.2010

Advocates Appeared:
For Appellant/Petitioner/Plaintiff: A.K. Goswami, H.R.A. Choudhury, S.C. Biswas, M.U. Mondal, M.U. Mahmud, A.M. Borbhuyan, K.K. Gupta, C. Baruah and B.D. Goswami, Advs.
For Respondents/Defendant: M.R. Pathak, Adv.

Headnote:

Constitution of India , 1950 - Article 14 and 16 - Employment and Service - Appointment on compassionate ground - Eligible candidates - Writ petitions pertains to claim of Petitioners for appointment on compassionate ground - While in some of cases, prayer is for consideration of cases of the Petitioners as per prevalent scheme in other cases Petitioners have assailed legality and validity of rejection of their prayers for such appointment - Issue being one and same, which is the extent of right of Petitioners for appointment on compassionate ground and validity and otherwise of rejsection of their prayers for compassionate appointment, and as agreed to by the learned Counsel for parties all writ petitions have been heard together and are being disposed of by this common judgment and order - State Government has adopted said guidelines and cases for compassionate appointment are being considered on that basis - In court upon noticing principles governing compassionate appointment has laid down following guidelines on basis of which claims relating to compassionate appointment are required to be considered - Court would like to observe that in present group of cases bulk of claims pertains to non-consideration of claims made/applications filed for compassionate appointment - All such cases will naturally be governed by directions contained in present order - Few of cases under consideration pertain to complaints with regard to rejection of claims made or appointment of persons who Petitioners/claimants contend do not have a better for appointment - Held, rule of appointments to public service is that they should be on merits and through open invitation - It is normal route through which one can get into a public employment - However, as every rule can have exceptions there are a few exceptions to said rule also which have been evolved to meet certain contingencies - As per one such exception belief is provided to the bereaved family of a deceased employee by accommodating one of his dependents in a vacancy - Object is to give succour to family which has been suddenly plunged into penury due to ultimately death of its sole bread-winner - It is hereby once again clarified that Principle No. X laid down shall not be applicable to cases under Principle No. I but will be applicable in all other cases, meaning thereby that if applications are pending for a period of two years from the date of making application but could not be considered for want of vacancies all such applications will require no further consideration and must be understood that they have spent their force - Petition disposed of.

JUDGMENT

B.K. Sharma, J.

1. This batch of writ petitions pertains to the claim of the Petitioners for appointment on compassionate ground. While in some of the cases, the prayer is for consideration of the cases of the Petitioners as per the prevalent scheme, in other cases, the Petitioners have assailed the legality and validity of the rejection of their prayers for such appointment. The issue being one and the same, which is the extent of right of the Petitioners for appointment on compassionate ground and the validity and otherwise of rejsection of their prayers for compassionate appointment, and as agreed to by the learned Counsel for the parties, all the writ petitions have been heard together and are being disposed of by this common judgment and order.

2. This Court in Achyut Ranjan Das v. State of Assam reported in 2006 (4) GLT 674 has already laid down certain guidelines towards consideration of the cases for compassionate appointment. The State Government has adopted the said guidelines and the cases for compassionate appointment are being considered on that basis. In Achyut Ranjan Das (supra), the court upon noticing the principles governing compassionate appointment, has laid down the following guidelines on the basis of which claims relating to compassionate appointment are required to be considered. The said principles as enumerated in paragraph 7 of the judgment are reproduced below:

I) All pending applications against existing and available vacancies as per the quota earmarked including the cases of the Petitioners in the present cases and all Ors., who may not be before the Court, shall be decided in accordance with the proposed directions to be laid down in the present order and also in accordance with the principles noted in the preceding paragraphs of this order. This will be done within a period of 4 (four) months from today. The present direction naturally has to be considered as a one-time measure in view of the subsequent direction as laid down in the succeeding paragraphs.

II) The District Head of each Department will intimate the vacancies as and when such vacancies occur, to the Court Appointed District Level Committees for its scrutiny. There will be no delay in such intimation.

III) The District Level Committee will be constituted by the Deputy Commissioner of the District and the Superintendent of Police. The Deputy Commissioner himself will sit in the Committee. The District Head(s) of such departments in which vacancies are available shall be co-opted as the Additional Members of the Committee.

IV) The District Level Committee will meet once every 2 (two) months on the last Saturday of the second month.

V) The District Level Committee will decide as to who amongst the eligible candidates is entitled to compassionate appointment. To the extent possible such appointments will be recommended to be made within the District. In making the recommendations for appointments, the District Level Committee will take into account the financial condition of the family of the deceased and on a relative consideration of the cases will make its recommendation. There will be no selection and "seniority of the claim" will not be resorted to unless two or more eligible candidates are at par.

VI) To decide on the question of financial status of the family of a claimant regard will be had to the following factors as laid down in B.M. v. Kunti Tiwari (Supra)

a) Gratuity amount received/receivable.

b) Family pension payable.

c) Provident Fund Amount received/receivable.

d) Any ex-gratia payment made or payable.

e) Proceeds of LIC Policy and other investments of the deceased.

f) Income of the family from other sources.

g) Employment of other family members.

h) Size of the family and liabilities, if any.

VII) The recommendations of the District Level Committee will be considered by a State Level Committee consisting of the Chief Secretary and the Senior Financial Commissioner of the State. The Commissioner and Secretary of the Department(







































































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top