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ACHINTYA MALLA BUJOR BARUA
Paban Chetry, S/o. Lt. Ganga Bahadur Chetry – Appellant
Versus
State Of Assam, Rep. by The Comm. And Secy. To The Govt. Of Assam, Home Deptt. – Respondent
JUDGMENT :
1. Heard Mr. A Khanikar, learned counsel for the petitioner. Also heard Mr. R Dhar, learned Additional Senior Government Advocate for the respondents.
2. The father of the petitioner Ganga Bahadur Chetry who was working as an AB Constable in the Assam Police in the office of the Superintendent of Police, Lakhimpur died in harness on 28.12.2010 and on his death, the mother of the petitioner applied for compassionate appointment on 21.01.2011. However, the said application remained unattended. The petitioner after attaining the majority in the year 2018 made an application for compassionate appointment on 10.12.2018. The said application was considered by the DLC of Lakhimpur district in its meeting of 14.02.2019 and upon evaluating the existence of vacancy in Grade-III for compassionate appointment, recommended the petitioner.
3. When the recommendation was placed before the SLC in its meeting of 10.02.2022, it stood rejected by giving the reason ‘late submission of application’. The reason given by the learned counsel for the SLC for the rejection on late submission of application is that the deceased died on 28.12.2010 whereas the application was made on 10.12.2018.
4.
Compassionate appointments must be applied for within five years of the government servant's death; delays undermine the purpose of such appointments.
Compassionate appointment is not a right and can only be granted under exceptional circumstances, as per the legal provisions and principles discussed by the court.
Compassionate appointment is intended to provide immediate relief to a family in crisis, and the objective would not survive after a substantial gap of seven years.
Compassionate employment cannot be granted after a lapse of a reasonable period, and the purpose of compassionate appointment is to enable the family to tide over the sudden crisis which arises due t....
The court upheld the principle that applications for compassionate appointments must adhere to statutory time limits, reinforcing the restrictive nature of compassionate employment provisions.
Compassionate appointments must be claimed promptly; significant delays undermine eligibility.
Compassionate appointment cannot be granted as a matter of right when the application is not pursued within a reasonable time, and the policy of the Government stipulates that the application should ....
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