Point of Law: Employment and Service matter - Compassionate appointment - By causing a delay of seven years in approaching Court, petitioner cannot claim any legal right to be considered for compassionate appointment against vacancies that may have arisen in year 2021.

JUDGMENT :

Heard Ms. R Devi, learned counsel for the petitioner. Also heard Mr. G Pegu, learned counsel for the respondent no.1, 2 and 4 being the authorities under the Elementary Education Department, Government of Assam and Mr. P Saikia, learned counsel for the respondent no. 3 being represented by the Deputy Commissioner, Biswanath.

2. The father of the petitioner who was served as an Assistant Teacher in Barkura LP School in Biswanath district died in harness on 21.09.2008. At the time of his death, the petitioner was a minor and sometime in the year 2014, the petitioner attained majority. Upon attaining majority the petitioner had submitted an application for compassionate appointment on 19.08.2014 which was addressed to the District Elementary Education Officer of Sonitpur district. The only grievance raised in this writ petition is that the said application for compassionate appointment made by the petitioner on 19.08.2014 had not been given its consideration as required under the law.

3. Mr. P Saikia, learned counsel for the respondent no. 3 raises an objection that firstly the father of the petitioner died sometime in the year 2008, when he was a minor and therefore, upon attaining majority after seven years the petitioner could not have filed the application for compassionate appointment under the law.

4. We are not expressing any view on the said submission of Mr. P Saikia, but be that as it may, the same may be a reason for rejection by the respondent authorities to the claim of the petitioner for compassionate appointment but that cannot mean that the respondent authorities will not consider the application at all and ignore it.

5. We have also noticed that the application was made by the petitioner on 19.08.2014 and if such application was not given a consideration, it was always open to the petitioner to approach this Court on earlier occasions, more so, somewhere in the year 2014 or near about when the initial application was made.

6. The petitioner approaches this Court now in the year 2021. A delay on the part of the petitioner in approaching this Court has resulted in several complications inspiring Mr. P Saikia to raise an objection against the consideration of such application.

7. To mitigate the situation, we provide that the petitioner may have had a legal right if otherwise that application is maintainable under the law, for being considered for compassionate appointment against any vacancies that may have been available in the year 2014 when the application was made. But by causing a delay of seven years in approaching the Court, the petitioner cannot claim any legal right to be considered for compassionate appointment against the vacancies that may have arisen in the year 2021.

8. The vacancies existing in the year 2021 are for those applicants for compassionate appointment who make such applications in the year 2021 and not for the applicants who had earlier made in the year 2014.

9. Considering the matter in its entirety, we direct the District Elementary Educational Officer, Sonitpur, Tezpur to place the application of the petitioner dated 19.08.2014 for compassionate appointment before the next available DLC of Sonitpur district. The DLC of Sonitpur district may firstly pass an order on the objection raised by Mr. P Saikia, learned counsel for the respondent no. 3 that a minor cannot make an application after attaining majority and secondly, if such application is given a consideration on its merit, the DLC shall do it only if there exists any such vacancy of the year 2014 and not against any vacancies that may be of the year 2021, unless there are some excess vacancies of 2021 over which no other claimant is available.

10. With the above observation, writ petition stands disposed of.