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RANJAN GOGOI
Achyut Ranjan Das – Appellant
Versus
State of Assam – Respondent
Ranjan Gogoi, J.
1. Certain common questions having confronted the Court, this group of cases were listed analogously, heard together and are being disposed of by this common judgment and order. The core question that arises in the writ petitions under consideration relates to the principles governing appointment in public service on compassionate ground and more importantly the correct modalities that should govern exercise of the powers it the matter of compassionate appointment by the State Authorities. Such exercise of powers in making compassionate appointment by the State, either on its own or on the strength of Court orders passed from time to time, being clearly discernible not to be in conformity with the laid down principles evolved by a long process of judicial precedents, the Court is of the view that time has come for a judicial rethinking and, in the absence of necessary governmental action, for exercise of the powers under Article 226 of the Constitution, in public interest, to lay down the correct parameters that should govern the exercise of the power of compassionate appointment.
2. To understand the principles governing the exercise of power and to determin
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