Back
VIJAY BISHNOI, SANJAY KUMAR MEDHI
Ahmed Ibrahim Mazarbhuiya, S/O- Late Nazmul Ibrahim Mazarbhuiya – Appellant
Versus
State of Assam To Be Represented By The Commissioner And Secretary To The Government Of Assam, School Education Department – Respondent
JUDGMENT :
Sanjay Kumar Medhi, J.
This intra Court appeal has been preferred in respect of a judgment dated 09.01.2024 passed by the learned Single Judge in WP(C)/ 7349 of 2023. By the aforesaid judgment, the writ petition of the appellant which was with regard to a claim for appointment on compassionate ground has been dismissed.
2. The projected case of the appellant before the learned Single Judge in a nutshell is that his father Nazmul Haque Mazarbhuiya who was serving as a Superintendent, Hailakandi Town Madrassa had died-in-harness on 21.08.2012. He left behind his wife and three minor children including the appellant. On such eventuality, the mother of the appellant had submitted an application on 08.11.2012 for appointment on compassionate ground which according to the appellant was not considered. After the appellant had attained the age of majority, he had submitted an application in the year 2019 which was however rejected by the District Level Committee in its meeting dated 05.10.2021 on the ground that the appellant was under age at the time of submission of the application. The aforesaid rejection was unsuccessfully challenged by the appellant before learned Single Judge
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 appointments are not vested rights and must be considered promptly to address immediate financial crises; significant delays undermine this purpose.
Compassionate appointments are intended for immediate relief and cannot be claimed after significant delays, as the sense of urgency is lost.
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.
Compassionate appointment is not a right and can only be granted under exceptional circumstances, as per the legal provisions and principles discussed by the court.
Compassionate appointments must be applied for within one year of the employee's death; delays undermine the claim's validity and significance.
Compassionate appointments must be pursued promptly; delays diminish the claim's validity and urgency.
Compassionate appointments are exceptional measures intended for immediate relief and cannot be claimed after significant delays, as they are not vested rights and depend on the financial circumstanc....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
