IMPORTANT POINT
Compassionate appointment is not a vested right and should be provided immediately to redeem the family in distress. Delay in seeking compassionate appointment and changed financial circumstances may impact the consideration of the case.

JUDGMENT :

The issue raised in this petition is towards a claim for appointment on compassionate ground.

2. The facts projected in this petition is that the husband of the petitioner, late Monomat Brahma, was working as an Extension Officer in the Office of the District Industries & Commerce Department Centre, Kokrajhar who had died in harness on 09.04.2011.

3. The petitioner who claims to be eligible and qualified had accordingly submitted an application for appointment on compassionate ground which was forwarded by the Deputy Commissioner, Kokrajhar on 30.06.2011. It is claimed that the case of the petitioner was duly recommended by the District Level Committee and was sent to the State Level Committee. The SLC however in its meeting dated 03.10.2015 did not consider the case of the petitioner and accordingly, the petitioner had filed a writ petition being WP(C)/969/2016. The same was disposed of by this Court vide order dated 09.09.2016 directing consideration of the case of the petitioner in the next meeting of the SLC. The SLC, accordingly in its meeting dated 18.01.2020 after considering the case of the petitioner had rejected the same on the ground of lack of vacancy.

4. I have heard Shri J.U. Ahmed, learned counsel for the petitioner. Also heard Shri CKS Baruah, Govt. Advocate, Assam, Shri T. Chakma, Standing Counsel, BTC and Shri. N. Kalita, Standing Counsel, Industries & Commerce Deptt.

5. Shri Ahmed, the learned counsel for the petitioner has submitted that the rejection of the case of the petitioner by the SLC is not legally tenable as the petitioner fulfils all the necessary requirements for such appointment on compassionate ground. He accordingly submits that necessary directions be issued for a fair consideration and appointment of the petitioner on compassionate ground.

6. Per contra, the learned Counsel for the respondents have submitted that the petition has been filed without giving any details including the Minutes of the District Level Committee containing the consideration on which the name of the petitioner was forwarded. It is submitted that the case of the petitioner was duly considered by the State Level Committee on 18.01.2020 and upon such consideration, the case of the petitioner was rejected on the ground of lack of vacancy within the 5% quota.

7. The learned Counsel for the respondents further submit that the writ petition has been filed only in the year 2022 and the death of the Government Servant was in the year 2011. Therefore, any direction for consideration of the case of the petitioner at this stage would not be in consonance with the objective of the Scheme. Reliance has been placed upon a recent judgment of the Hon’ble Supreme Court in the case of State of West Bengal vs. Debabrata Tiwari & Ors., reported in AIR 2023 SC 1467.

8. The rival contentions have been duly considered and the materials placed before this Court have been carefully examined.

9. The petitioner has neither annexed the Minutes of the Meeting of the DLC nor given any details thereof by which it is claimed that her case for appointment on compassionate ground was forwarded to the SLC. As such, this Court is not in a position to know the mode and details of such consideration before the DLC. The petitioner has also not annexed the copy of the order of this Court passed in the earlier proceeding WP(C)/969/2016 in which it has been claimed that there was a direction for consideration of the case of the petitioner.

10. Be that as it may, the consideration by the SLC is the only material before this Court which is also the subject matter of challenge. The Minutes dated 18.01.2020 of the SLC would show that the rejection was on the ground of want of vacancies. Such action, perse cannot be held to be wholly unreasonable in absence of any specific contention or grounds of challenge.

11. There is another important aspect in the matter pertaining to the very essence of the objective of the scheme for appointment on compassionate gr