The central legal point established in the judgment is that the claim for compassionate appointment cannot be entertained after a considerable period of time since the death of the government employee.

None has appeared for the petitioner on call.

Heard Ms. N. Phukan, learned Standing Counsel for the Elementary Education Department representing the respondents no. 1, 2 & 4 and Mr. B. Deori, learned Junior Government Advocate appears for the respondent no. 3.

2. The petitioner, by way of instituting this writ petition has raised a grievance with regard to the action/inaction on the part of the respondent authorities in not considering the case of the petitioner for appointment on compassionate ground.

3. As projected in the writ petition, the father of the petitioner Late Abdul Aziz Barbhuiya while serving as an Assistant Teacher of Nityanandapur MV School had died in harness on 12.10.1997, leaving behind his wife and four children. It is contended that the petitioner at the time of death of his father was a minor and accordingly, on reaching the age of majority, the mother of the petitioner had submitted an application on 24.02.2005 before the District Elementary Education Officer, Hailakandi, praying for appointment of the petitioner herein against any Grade-IV or Grade-III posts, commensurating to his educational qualification. It is contended that the petitioner had also made a representation along with all the requisite particulars on the same date. It is contended that after filing of the said application on 24.02.2005, the respondent authorities had not considered the same and the case of the petitioner was not placed before the jurisdictional DLC for consideration of his such application for appointment on compassionate ground. Being aggrieved, the petitioner has instituted the present proceeding before this Court on 09.11.2023.

4. A perusal of the materials brought on record reveals that the father of the petitioner had died on 12.10.1997. The petitioner had contended that the mother of the petitioner had made an application for appointment on compassionate grounds, immediately, after the death of his father. However, the said application was not considered by the respondent authorities. The application as made by the mother of the petitioner has not been brought on record in the present proceedings. It is not contended that as to why the application as preferred by the mother of the petitioner on not being considered by the authorities, the family of the petitioner had not approached this Court or, pursued the matter with the respondent authorities given the fact that it is the contention of the petitioner that after the death of his father, the family had fallen into penury. The application as submitted by the petitioner on 24.02.2005 was so submitted after eight years from the date of the father of the petitioner. From the date of death of the father of the petitioner, the present proceedinghas been instituted after around 29 years and if, the date of submission of the application of the petitioner is considered i.e. w.e.f. 24.02.2005, the present proceeding has been filed before this Court on 09.11.2023 i.e. after around 18 years.

5. The objective behind the appointment on compassionate ground being to provide immediate relief to the family of the deceased government servant to tide over the financial crisis falling on the family because of the death of the bread earner in the family; such appointment is to be so made with immediacy.

6. The issues arising herein is covered by the recent decision of the Hon’ble Apex Court rendered in the case of State of W.B. v. Debabrata Tiwari & ors.[reported in (2023) SCC Online SC 219], wherein the Hon’ble Court upon considering the earlier decision available in the matter, had concluded as follows:

“32. 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 natu