ACHINTYA MALLA BUJOR BARUA, J.

1. Heard Mr. M. Borah, learned counsel for the petitioner. Also heard Mr. T.C. Chutia, learned State counsel.

2. The husband of the petitioner was an employee in the Veterinary Department in the State of Assam and was holding the post of VFA-BCCP under the B.C.P.P. Scheme and was posted at North Lakhimpur.

3. The husband of the petitioner died in harness on 03.07.2008. Upon the death of her husband, the petitioner submitted an application for compassionate appointment on 09.10.2009. The case of the petitioner was duly considered by the District Level Selection Board and as per the minutes of the District Level Committee the petitioner was recommended for compassionate appointment against the available vacancy of one Grade IV post in the establishment of the Assistant Director, BCCP Scheme Azad, Lakhimpur, North Lakhimpur. Subsequently, the case for compassionate appointment of the petitioner was considered by the State Level Committee and as per the minutes dated 16.11.2010, the petitioner's claim for compassionate appointment was rejected on the ground that the petitioner had submitted her application after expiry of a period of one year from the date of death of her husband. In the minutes, it was provided that her husband died in harness on 03.07.2008, whereas the application was submitted on 31.10.2009.

4. Mr. TC Chutia, learned State counsel has produced an office memorandum of the Department of Personnel, Govt. of Assam, dated 01.07.2015, wherein in clause 3, there is a provision that an application for appointment on compassionate ground in the prescribed form with all the required enclosures be made within a period of one year from the date of death or acceptance of retirement of the employee, as the case may be.

5. It is also stated that the genesis for filing the application for compassionate appointment within one year of the death of the person concerned can also be traced out to the earlier office memorandums providing for compassionate appointment. Reference has also been made to the decision of this Court rendered in Achyut Ranjan Das Vs. State of Assam & Ors. reported in (2006) 4 GLT 674 to justify the rejection of the application of the petitioner on the ground that the same was filed after the lapse of one year from the date of death of her husband.

6. On a perusal of the judgment in Achyut Ranjan Das (supra), wherein certain guidelines have been provided in paragraph 7 thereof, no such provisions can be found that the application has to be made within a period of one year from the date of death of the employee. On the other hand, what has been provided, amongst others, is that all vacancies available against the quota of compassionate appointment must be filled up within a period of 6 (six) months from the date of occurrence of the vacancy.

7. Further reference has been made to the decision of this Court rendered in Faziron Nessa Vs. State of Assam & Ors. reported in (2010) 4 GLT 340. On a perusal of the said decision also, it is noticed that there is no such provision that the application for compassionate appointment has to be made within one year from the date of death of the employee.

8. Accordingly it is seen that the only basis in arriving at the conclusion that the application for compassionate appointment has to be made within a period of one year is the relevant provision in different office memorandums of the Govt. of Assam, issued from time to time.

9. The aforesaid question as to whether the said period of one year prescribed in the office memorandum is a mandatory requirement or a directory requirement was also examined by this Court in an earlier decision rendered in Trailokya Nath Vs. State of Assam & Ors. reported in 2016(5) GLT 310.

10. In the said decision, this Court has held as follows:

"Compassionate appointment by its very nature is based on compassion. It is an exception to the general rules of recruitment. The period specified for submission of applicatio