SANDEEP MEHTA, SUSMITA PHUKAN KHAUND
Rajib Roy, S/o. Late Motilal Roy – Appellant
Versus
State Of Assam, Represented By The Commissioner and Secretary, Elementary Education Department – Respondent
JUDGMENT
(S.P. Khaund, J.)
1. Heard Mr. I. Alam, learned counsel for the appellant. Also heard Ms. R.B. Bora, learned Govt. Advocate for respondent No. 3 and Mr. S. Chutia, learned Standing Counsel, Elementary Education.
2. This writ appeal is preferred against the order dated 05.06.2023 passed by the learned Single Judge in connection with WP(C) No. 2126/2023. The appellant is Rajib Roy and the respondents are the State of Assam; the Director, Elementary Education; the Deputy Commissioner; the District Elementary Officer; the Deputy Inspector of Schools and the Block Elementary Officer and are arrayed as Respondent Nos. 1, 2, 3, 4, 5 and 6 respectively.
3. The brief facts of the case is that the appellant is the son of Late Motilal Roy who was working as an Assistant Teacher of Umarpur M.E. School, under Block Elementary Education Officer, Badarpur Block of Karimganj district. The appellant’s father died in harness on 25.11.1992. The appellant was only 3 years old when his father passed away and so he was unable to approach the respondent authority for compassionate appointment. However, his mother Smt. Asha Rani Roy submitted her application before the District Elementary Educati
The ceiling of 5% of direct recruitment vacancies for making compassionate appointment should not be exceeded.
The prescribed time limit for compassionate appointment is mandatory and cannot be extended, and delayed applications do not meet the eligibility criteria.
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 appointm....
Compassionate appointment is not a source of recruitment and cannot be claimed or offered after a lapse of time. The financial condition of the family at the time of the employee's death is a primary....
Point of Law : It is true that the Rule, 1974 provides that if the application for compassionate appointment is submitted after five years, the competent authority is obliged to forward it to the Sta....
Point of Law : An application for compassionate appointment is required to be made within a period of one year.
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 appointment is not a vested right and is meant to address immediate financial crises. The sense of immediacy is diluted and lost in cases of prolonged delay, and compassionate appointme....
Compassionate appointment must adhere to the prescribed regulations, and the purpose is to provide immediate financial assistance to the family of the deceased employee.
Compassionate appointments must adhere to strict timelines and cannot be claimed as a right, emphasizing the need for timely applications to address immediate financial crises.
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