Compassionate appointment should be made with a sense of immediacy to mitigate the financial crisis faced by the family of the deceased, and the lack of diligence in pursuing the matter after the death of the Government servant may disentitle the grant of compassionate appointment.

JUDGMENT & ORDER :

Heard Mr. N. Hossain, learned counsel for the petitioner. Also heard Mr. P.K. Bora, learned standing counsel, Education (Elementary) Department, representing the respondent Nos.1, 2, 4 & 5 and Ms. D.D. Barman, learned Additional Senior Government Advocate, Assam, representing the respondent No.3.

2. The petitioner, by way of instituting the present proceeding, has assailed the decision as arrived at by the District Level Committee, Dhubri with regard to the application submitted by him praying for appointment on compassionate ground pursuant to the death of his father. The application of the petitioner was rejected by the District Level Committee, Dhubri in its meeting held on 10.04.2017 on the ground that the petitioner did not possess the requisite qualifications for being considered for appointment against the post of an Assistant Teacher in a Primary School.

3. The facts requisite for consideration of the issue arising in the present proceeding is noticed herein below.

The father of the petitioner Late Kutub Uddin Mondal, while serving as a Head Teacher of Paschim Kathulipara L.P. School died in harness on 14.05.2016. Pursuant to the death of his father, the petitioner on 05.08.2016 submitted the application for consideration of his case for appointment on compassionate ground. The application as submitted by the petitioner was taken up for consideration by the District Level Committee, Dhubri in its meeting held on 10.04.2017 and the same was rejected on the ground that the petitioner did not possess the requisite qualifications requisite for appointment as an Assistant Teacher, his case could not be recommended for appointment on compassionate ground against such post. It is the said decision of the District Level Committee, Dhubri that is presently under challenge in the present proceedings.

4. Mr. N. Hossain, learned counsel for the petitioner, by referring to the materials available on record in the writ petition, has submitted that the grounds assigned by the District Level Committee for rejection of the case of the petitioner is clearly unsustainable inasmuch as the petitioner had already acquired the requisite qualifications for being considered for appointment on compassionate ground. It is the submission of the learned counsel for the petitioner that although at the time of preferring his application for appointment on compassionate ground, the petitioner did not have the requisite qualifications for being considered for appointment against the post of Assistant Teacher on compassionate ground but during the pendency of the said application made for appointment on compassionate ground, the petitioner had acquired all the requisite qualifications and the District Level Committee ought to have taken into consideration all the qualifications acquired by the petitioner subsequent to submission of the application in question and ought to have considered his case in the light thereof.

5. It is submitted that the non-consideration by the District Level Committee, Dhubri of the qualifications acquired by the petitioner pursuant to filing of his application for appointment on compassionate ground, has resulted in improper consideration in his case and accordingly, it is prayed that the findings of the District Level Committee, Dhubri with regard to the application submitted by the petitioner is required to be interfered with, with further directions for consideration of the case of the petitioner in the light of the qualifications as acquired by the petitioner pursuant to filing of his application praying for consideration on compassionate ground.

6. Per contra, Ms. D.D. Barman, learned Additional Senior Government Advocate, Assam, has submitted that it’s the qualifications that the petitioner possessed at the time of submission of his application which is relevant for consideration and the petitioner having not acquired the requisite qualifications for appointment against the post of Assistant Teacher on the