GAUHATI HIGH COURT
B.K.Sharma, J.
Faziron Nessa -Appellant
Versus
State of Assam (And other cases) -Resopndent
WP.(C) No(s). 2783 of 2003; 9515 and 6123 of 2004; 350,1466, 5821 of 2006; 5581, 5035, 4152, 4533 and 3914 of 2008; 2620, 2932, 5490, 5491, 539, 594, 1234,1703, 1797, 1864, 2297, 2381
Decided On : 02-07-2010
Constitution of India, 1950 - Article 16(2) - Assailed legality and validity - Consideration - Claim of compensation - This court in Das v. State of Assam has already laid down certain guidelines towards consideration of cases for compassionate appointment - 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 - Said principles as enumerated in paragraph of judgment - In making recommendations for appointments District Level Committee will take into account financial condition of family of deceased and on a relative consideration of cases will make its recommendation - There will be no selection and seniority of claim will not be resorted to unless two or more eligible candidates are at par - Held, Departmental authorities while considering cases for compassionate appointment shall do so keeping in mind aforesaid principles laid down by Apex Court - While considering cases for compassionate appointment authority shall strictly adhere to principles/guidelines laid down in Das - Cases for compassionate appointment shall be considered on need basis upon comparative assessment of various applications and not applying test of seniority of claims - It may so happen that a claim latter in point of time is more deserving than a claim prior in point of time - It is hereby once again clarified that Principle laid down in Das shall not be applicable to cases under Principle but will be applicable in all other cases meaning thereby that if applications are pending for a period of two years from 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 - Petitions disposed of
2. This court in Achyut Ranjan Das v. State of Assam, 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 others, 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 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 Member 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. (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 Departments in which vacancies are available will
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