In cases of compassionate appointment, authorities must give due consideration to whether the delay in submitting the application should be condoned, as per the provisions allowing discretion to condone the delay.

1. Heard Mr. A. M. Barbhuiya, learned counsel for the petitioner also heard Ms. D. D. Barman, learned Additional Senior Government Advocate appearing for the respondent Nos. 3 and 4 and Ms. M. Sarma, learned counsel appearing for the respondent Nos. 1, 2 and 5.

2. The father of the petitioner, who was working as the Headmaster of the Hazi Abid Ali M.E. School in Cachar District, died in harness on 16.12.2010. At the time of his death, the petitioner was a minor. Accordingly, upon attaining majority, the petitioner submitted an application for compassionate appointment on 02.08.2013. The said application was rejected by the DLC of Cachar District in its meeting held on 27.11.2015 on the ground that due to passage of time, the said application had spent its force. Thereafter, the petitioner approached this Court by way of a writ petition being WP (C) No. 2967/2015, which was given a final consideration by the judgment and order dated 01.09.2015. In the Judgment & Order of 01.09.2015, this Court took note of the provisions of the Office Memorandum dated 28.10.2003, which provides that the Department of Education in the Government of Assam has the discretion to condone the delay in submitting an application for compassionate appointment after 3 years. Accordingly, the matter was remanded back for recommendation by the District Level Committee.

3. Keeping in view, the aforesaid provision of the Office Memorandum, the authorities were required to reconsider the claim of the petitioner for compassionate appointment by giving a consideration, as to whether the delay in submitting the application is to be condoned or not. From the minutes of the DLC of Cachar, dated 11.08.2016, it is noticed that the claim of the petitioner for compassionate appointment was again rejected on the ground that the said application was not processed in time. From a prima facie reading of the minutes of DLC of Cachar, it is apparent that the requirement of this Court in its order dated 01.09.2015 to give a consideration as to whether, the delay in submitting the application is to be condoned or not, was not given.

4. In such view of the matter, the claim of the petitioner for compassionate appointment is remanded back to the DLC of Cachar for a fresh consideration and in doing so, the requirement of the Judgment & Order dated 01.09.2015 in WP (C) No. 2967/2015 shall also be kept in mind. In other words, the authorities would also give a consideration as to whether, the delay in submitting the application can be condoned as per the provisions of Clause 5 of the Office Memorandum dated 28.10.2003. If the authorities take the view that the delay can be condoned, the claim of the petitioner for compassionate appointment be given an appropriate consideration.

5. In view of the above, the claim of the petitioner for compassionate appointment be placed before the next available DLC of the Cachar District.

In terms of the above, this writ petition stands disposed of.