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 consideration, and there is a need for a sense of immediacy in considering such appointments.

Heard Ms. M. K. Sharma, learned counsel for the petitioner. Also heard Mrs. D. Das Barman, learned Additional Senior Government Advocate appearing for the respondent Nos. 1 and 4. Also heard Mr. B. Talukdar, learned Standing counsel, Elementary Education appearing on behalf of the respondent Nos. 2, 3 and 5.

2. The petitioner by way of instituting the present proceedings prayed for a direction upon the Respondent authorities to place his case before the District Level Committee for consideration of his case for appointment on compassionate grounds and thereafter basing on the said recommendation to appoint him against a post commensurating to his educational qualification on compassionate grounds.

3. As projected in the writ petition, the father of the petitioner namely Shri Rabindra Nath Roy @ Rabindra Nath Hazong (since deceased) while serving as an Assistant Teacher in Joyrampur M.E. School had died in harness on 21.10.2002. The petitioner being eligible had thereafter vide an application dated 03.01.2003 approached the Commissioner and Secretary to the Government of Assam, Education Department praying for appointment on compassionate grounds. The petitioner had also submitted an application with all requisite particulars before the Block Elementary Education Officer, Dhemaji on the same date.

4. The application as submitted by the petitioner before the Commissioner and Secretary, Government of Assam, Education Department vide a communication dated 17.06.2005 was forwarded to the District Elementary Education Officer, Dhemaji for processing of the same in terms of the policy in place.

5. It is the contention of the petitioner that in spite of the direction from the Government vide the communication dated 17.06.2005 for processing of his case for appointment on compassionate grounds, the respondent authorities have not acted in the matter in terms with the policy and accordingly being aggrieved, the present proceedings have been instituted.

6. A perusal of the materials available on record including the pleadings of the petitioner reveals that the father of the petitioner had died in harness on 21.10.2002 and thereafter an application was filed by the petitioner for appointment on compassionate grounds on 03.01.2003. It is seen from the pleadings as brought on record that the petitioner was not aware anything as to how the matter was pursued by the petitioner and/or his family members after submission of the said application on 03.01.2003. The present writ proceedings were instituted on 06.12.2023. However in the writ petition, there is no mention as to in what manner the petitioner had pursued the matter w.e.f. 04.01.2003 till 06.12.2023.

7. It is a settled position of law that compassionate appointment is an exception to the General Rule that appointment to any public post in the service of the State has to be made on the basis of principle which accord with Articles 14 and 16 of the Constitution of India. Dependents of a deceased employee of the State are made eligible by virtue of the policy on compassionate appointment. The basis of the policy is that it recognizes that a family of a deceased employee may be placed in a position of financial hardship upon the untimely death of the employee while in service. It is the immediacy of the said need which furnishes the basis for the State to allow the benefit of compassionate appointment. The terms on which such application would be considered are subject to the policy which is framed by the State. In that sense, it is well settled principle of law that there is no right to compassionate appointment.

8. It is well settled by the decisions of the Hon’ble Apex Court that the object of grant of compassionate appointment being to enable the family to get over the financial crisis which it faces at the time of the death of the sole breadwinner, compassionate appointment cannot be claimed and/or offered after lapse of considerable amount of time and after the crisis is overcome. Appointm