Compassionate appointment is not a source of recruitment, should be provided immediately, and is based on the financial condition of the family at the time of the employee's death.

JUDGMENT & ORDER :

Heard Mr. A. Ali, learned counsel for the petitioners. Also heard Mr. B. Kaushik, learned standing counsel, Education (Elementary) Department, representing the respondent Nos.1 & 2 and Mr. B. Deuri, learned Junior Government Advocate, Assam, representing the respondent No.3.

2. The petitioners, by way of instituting the present proceeding, have assailed the decision as arrived at by the State Level Committee in its meeting dated 26.08.2022 rejecting the applications submitted by the petitioners for appointment on compassionate ground on the ground that the petitioners were under aged at the time of submission of their respective applications.

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

The father of the petitioner No.1, Late Kamini Sonowal, while serving as an employee under the Elementary Education Department, died in harness on 04.12.2008. After the death of her father, the petitioner No.1 had submitted an application for appointment on compassionate ground. The father of the petitioner No.2, Late Jyoti Nath Doley, while serving as an employee under the Elementary Education Department, died in harness on 20.08.2011. After the death of her father, petitioner No.2 had submitted an application for appointment on compassionate ground. The mother of the petitioner No.3, Late Nayantara Doley, while serving as an employee under the Elementary Education Department, died in harness on 19.10.2007. After the death of his mother, the petitioner No.3 had submitted an application for appointment on compassionate ground.

4. The cases of the petitioners were considered by the District Level Committee, Dhemaji in its meeting held on 11.02.2022 and the same were recommended for appointment on compassionate ground against the vacant posts of Assistant Teachers in Lower Primary Schools. Thereafter, the said recommendations of the District Level Committee, Dhemaji was considered by the State Level Committee in its meeting held on 26.08.2022. The State Level Committee on consideration of the cases of the petitioners came to reject the applications as submitted by the petitioners on the ground that on the date of submission of their applications, the petitioners were all under aged and accordingly, their cases for appointment on compassionate ground cannot be considered. It is this decision of the State Level Committee that is being assailed in the present proceeding.

5. Mr. A. Ali, learned counsel for the petitioners has submitted that the cases of the petitioners being duly recommended by the District Level Committee, Dhemaji, the State Level Committee ought to have considered the same for appointment on compassionate ground on its merits and should not have rejected the claims of the petitioners basing on technicalities thereby depriving the petitioners and their family members the means of sustenance.

6. Learned counsel for the petitioners has submitted that in view of the recommendations made in favour of the petitioners by the District Level Committee, Dhemaji and there being existing vacant posts of Assistant Teachers in the L.P. Schools wherein the petitioners can be appointed on compassionate ground, the decision of the State Level Committee as arrived at in the cases of the petitioners is required to be interfered with, with further direction for appointment of the petitioners against the posts they were so recommended by the District Level Committee, Dhemaji in its meeting held on 11.02.2022.

7. Per contra, Mr. B. Deuri, learned Junior Government Advocate, Assam submits that the applications of the petitioners which were considered by the State Level Committee were the first applications filed by the petitioners immediately after the death of the Government servants involved and admittedly on the date when such applications were filed by the petitioners, they were under aged. Accordingly, in terms of the Scheme in place, such applications did not merit any c