Appointment on compassionate ground is not a matter of any vested right and is not a source of recruitment. Prolonged delay dilutes the sense of immediacy in granting compassionate appointment.

The claim for appointment on compassionate ground is the subject matter in this writ petition. It is the case of the petitioner that his father Jumuna Rabi Das, who was working as a Gr-IV employee in the Office of the Assistant Executive Engineer, PWD, Silchar Electrical Sub-Division had died-in-harness on 26.10.2010. The petitioner, who claims to be eligible for consideration for appointment on compassionate ground had accordingly applied for such appointment on 04.01.2011. Consequent upon such application, the District Level Committee, Cachar district (hereinafter DLC) had recommended the case of the petitioner vide minutes of meeting dated 28.05.2013. Thereafter, the petitioner did not hear regarding any further consideration by the State Level Committee (SLC). According to the petitioner, it was only after a query made by invoking the Right to Information Act, 2005 in the years 2015 and 2020 that the petitioner was informed that the SLC in its meeting held on 20.08.2018 had rejected the case of the petitioner. The grounds of rejection was stated that the ceiling of 5% was already met.

2. I have heard Shri H. Ali, learned counsel for the petitioner whereas the State respondents are represented by Shri R. Dhar, the learned Addl. Senior Govt. Advocate, Assam.

3. The materials placed before this Court have been duly considered.

4. Shri Ali, the learned counsel has submitted that there was no delay or lapse on the part of the petitioner in offering his candidature for appointment on compassionate ground on the death of his father while working as a Gr-IV staff in the concerned office. The fact that the DLC had recommended the case of the petitioner on 28.05.2013 fortifies the claim of the petitioner towards such appointment. The learned counsel has also criticized the action of the State authorities in not maintaining transparency on the ground that the recommendation of the DLC was not acted upon in time as required under the law and even the consideration done in the meeting dated 20.08.2018 by the SLC was not made known to the petitioner. It is submitted that the impugned decision of the SLC could be known only in the year 2020 after filing of application under the RTI Act and immediately thereafter the writ petition has been filed.

5. Shri Ali, the learned counsel has further submitted that the ground of rejection is cryptic as no details have been given as to how the ceiling of 5% has been said to be over when his case was duly recommended by the DLC. The learned counsel accordingly submits that appropriate directions be issued for consideration of the case of the petitioner.

6. Per contra, Shri R. Dhar, the learned State Counsel has, at the outset submitted that consideration of the case of the petitioner at this stage after a lapse of about 14 years from the date of death of the government servant will not be in consonance with the scheme for appointment on compassionate ground. It is submitted that the objective of the scheme is to enable a bereaved family losing their sole breadwinner to overcome the immediate crisis and would be a succor for such a bereaved family. It is submitted that the aforesaid factor would not be prevalent or existing after a period of 14 years.

7. As regards the delay in consideration by the SLC, the learned State Counsel has submitted that the ceiling fixed for appointment on compassionate ground as per the scheme is 5% and only when such consideration can be made depending on the vacancy, the same is made and therefore no fault can be attributed on the State Authorities. The State Counsel has also submitted that there was no effort from the petitioner to know the outcome of such consideration from 2013 when his case was recommended by the DLC and only the year 2020, the instant writ petition has been filed.

8. Shri Dhar, the learned Addl. Sr. Govt. Advocate has submitted that law is settled by a catena of decisions of the Hon’ble Supreme Court and in this context, he has placed reliance upon the ca