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DEVASHIS BARUAH
Dulu Dutta, S/o. Lt. HC/Driver Mihir Kumar Dutta – Appellant
Versus
Union of India, Rep. by the Secy. , Ministry of Home Affairs – Respondent
JUDGMENT :
Heard Mr. R. Mazumdar, the learned counsel for the petitioner and Mr. S. Sarma, the learned counsel appearing on behalf of the Union of India.
2. The instant writ petition has been filed by the petitioner seeking a direction upon the respondent authorities to offer appointment to the petitioner either in the rank of Constable Water Carrier or Constable Chaprasi or in any other post for which he would be entitled to as per the Standing Order No.05/2001 and upon his performance during the assessment conducted by the respondents.
3. The case of the petitioner in brief is that the petitioner’s father one Mihir Kumar Dutta died on 16.12.2005 while he was serving as the Head Constable Driver in CRPF. Since the father of the petitioner was the sole earning member of the family, the petitioner applied for appointment in the post of Peon on the ground of compassion. Pursuant thereto on 17.04.2008, the Additional Deputy Inspector General of Police, Group Center, CRPF, Muzaffarpur, Bihar informed the petitioner that his claim for compassionate appointment to the post of Peon was forwarded to the higher up for consideration but was received back with the remark that vacancy of the Peon
Compassionate appointment should be provided immediately to redeem the family in distress, and it cannot be claimed or offered after a lapse of time and after the crisis is over.
Compassionate appointment is granted to meet the sudden crisis on account of the death of the breadwinner while in service, and it is not a vested right that can be exercised at any time in the futur....
Compassionate appointment is an exception to the general rule of public employment and is meant to provide minimum relief for meeting immediate hardship to save the bereaved family from sudden financ....
Compassionate appointment is an exception and a concession, not a right, and should be made strictly in accordance with the rules. Long delays can lead to the rejection of compassionate appointments.
The main legal point established in the judgment is that compassionate appointment should be sought with immediacy to mitigate the hardship caused due to the death of the bread earner in the family, ....
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