IMPORTANT POINT
Compassionate appointments must be pursued promptly; delays diminish the claim's validity and urgency.

JUDGMENT :

SANJAY KUMAR MEDHI, J.

1. Heard Ms. A. Hussain, learned counsel for the petitioner. Also heard Shri A. Chakraborty, learned State Counsel.

2. The matter pertains to a claim for appointment on compassionate ground.

3. As per the facts projected, the father of the petitioner. Late Joy Kumar Deuri was working as Grade-IV employee in the Assam Secretariat and had passed away on 01.04.2014. Thereafter, the petitioner had applied for appointment on compassionate ground and her name was forwarded by the District Level Committee. It is also projected that on 18.05.2016, the State Level Committee had considered the case of the petitioner for appointment on compassionate ground. On 05.08.2016, the application of the petitioner was forwarded to the Deputy Commissioner to examine the aspect of applicability of para 15 of O.M. dated 01.06.2015. The petitioner claims to have filed a representation on 30.08.2023 which has not been paid any heed to.

4. The learned counsel for the petitioner accordingly submits that necessary orders be passed for consideration of the case of the petitioner for appointment on compassionate ground.

5. Per contra, Shri A. Chakraborty, learned State Counsel has raised the issue of delay and laches in approaching this Court. It is submitted that the death was in the year 2014 and the writ petition was filed only on 19.08.2024 i.e. after about 10 years. It is submitted that the objective of the scheme for appointment on compassionate ground is only to give immediate relief to a bereaved family which has lost the sole breadwinner. The learned State Counsel has also referred to the case of State of West Bengal Vs. Debabrata Tiwari & Ors. AIR 2023 SC 1467 and has submitted that after 10 years, no direction can be issued for appointment on compassionate ground.

6. The rival submissions have been considered.

7. The objective of offering an appointment on compassionate ground is only to give immediate succour to the bereaved family which has lost the sole breadwinner and after a decade from the said death, no such directions can be issued.

8. In the instant case, it is not in dispute that the death of the government employee was in the year 2014 and in the meantime, a decade has passed. There is no acceptable or cogent reason explaining the delay for the period from 2016 when the meeting of the SLC was held. As on today, almost 10 years have passed and any direction towards consideration of the claim of the petitioner further would not be in sync with the claim of compassionate appointment. The Hon’ble Supreme Court in the case of Debabrata Tiwari (supra) has laid down as follows:

“7.2. 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 nature of an exception to the general provisions and must be resorted to only in order to achieve the stated objectives, i.e. to enable the family of the deceased to get over the sudden financial crisis.

(ii) Appointment on compassionate grounds is not a source of recruitment. The reason for making such a benevolent scheme by the State or the public sector undertaking is to see that the dependants of the deceased are not deprived of the means of livelihood. It only enables the family of the deceased to get over the sudden financial crisis.

(iii) Compassionate appointment is not a vested right which can be exercised at any time in future. Compassionate employment cannot be claimed or offered after a lapse of time and after the crisis is over.

(iv) That compassionate appointment should be provided immediately to redeem the family in distress. It is improper to keep such a case pending for years.

(v) In determining as to whether the family is in financial crisis, all rele