Compassionate appointment is not a vested right and should be provided immediately to redeem the family in distress. The immediacy of need and diligence in pursuing the case are essential factors in considering compassionate appointment.

JUDGEMENT & ORDER :

Heard Mr. AM Barbhuiya, learned counsel for the petitioner. Also heard Mr. R Dhar, learned counsel representing the State respondents.

2. The present application is filed being aggrieved by non-consideration of the case of the petitioner for appointment under the scheme of compassionate appointment formulated by the State of Assam. The case of the petitioner is that the father of the petitioner was allowed to go on retirement on medical ground with effect from 31.05.1996. In terms of policy decision under Office Memorandum dated 09.09.1993 formulated by the State of Assam when a person retires on medical ground, his dependants is entitled for appointment under the scheme of compassionate appointment. Accordingly, on 14.06.1996, the petitioner applied for appointment under the aforesaid scheme. Subsequently, the matter was placed before the District Level Committee on 06.12.2014 and a positive recommendation was made in favour of the petitioner by the DLC.

3. It is the case of the petitioner that even after positive recommendation of the DLC on 06.12.2014, the State Level Committee has not considered the case of the petitioner till date and therefore a writ of mandamus should be issued directing the respondent SLC to consider the case of the petitioner under the aforesaid scheme.

4. On a pointed query that whether a writ of mandamus can be issued for consideration at this belated stage, the learned counsel for the petitioner relying on the judgment of a Co-ordinate Bench dated 27.04.2018 passed in WP(C) 6173/2016 (Dwipen Chandra Kalita Vs. The State of Assam and 3 Ors) submits that law has been laid down that when delay is on the part of the respondent authorities even after 20 years of delay, the case of the person needs to be considered under the scheme of compassionate appointment.

5. Per contra, Mr. Dhar, learned counsel for the respondent submits that in terms of the policy decision itself a case under compassionate appointment is required to be finalised within a period of two years and such policy has been formulated in terms of the decision of this court in Achyut Ranjan Das & Ors. Vs State of Assam & Ors. reported in (2006) 4 GLT 674.

6. He further contends that the purpose of granting compassionate appointment is non-existent in the case of the petitioner inasmuch as the petitioner has approached this court almost after 9 years from the date of recommendation by the DLC on 06.12.2014. Therefore, the present petition is also liable to be dismissed on the ground of delay and laches.

7. I have given anxious considerations to the argument advanced by the learned counsel for the parties. Law is by now well settled that compassionate appointment is not a right and same is related to the financial condition and hardship faced by the dependants of the deceased employee. There is no dispute that the State of Assam is having a policy that when a Government employee retires as a consequence of his ill health, a claim of compassionate appointment can be entertained under the scheme of compassionate appointment. Therefore, the principles of granting appointment under scheme of compassionate appointment shall also govern such claim.

8. The Hon’ble Apex court in a recent judgment rendered in State of West Bengal vs Debabrata Tiwari reported in 2023 SCC OnLine SC 219 after considering catena of its earlier judgments at paragraph 7 laid down certain principles of law for consideration of a case of compassionate appointment. The aforesaid paragraph is quoted herein below for ready reference:

“7.2. On consideration of the aforesaid decisions of this Court, the following principles emerge:

i. That a provision for compassionate appointment makes a departure from the general provisions providing for appointment to a post by following a particular procedure of recruitment. Since such a provision enables appointment being made without following the said procedure, it is in the nature of an exception to the general provisions and mu