IMPORTANT POINT
Compassionate appointments must be sought without undue delay, as prolonged delays can negate the urgency and purpose of such provisions.

JUDGMENT :

Kaushik Goswami, J.

Heard Mr. Z. Hammad, learned counsel for the petitioner. Also heard Mr. J.K. Goswami, learned Additional Senior Government Advocate, Assam, appearing for the respondent Nos.1; Ms. S. Sarma, learned Standing Counsel, Health & Family Welfare Department, appearing for the respondent Nos.2, 3 & 5 and Ms. S. Kemprai, learned Standing Counsel, Karbi Anglong Autonomous Council (KAAC), appearing for the respondent No.4.

2. By filing the instant writ petition under Article 226 of the Constitution of India, the petitioner is assailing the minutes of the meeting of the State Level Committee (SLC), Assam dated 20.02.2020 as well as the speaking order dated 08.06.2020, passed by the Commissioner & Secretary to the Government of Assam, Health & Family Welfare Department, so far as the case of the petitioner is concerned, with a prayer for direction to the respondent authorities to place his case for consideration for appointment on compassionate ground in the next meeting of the SLC, Assam.

3. The facts of the case are that the petitioner, after the death of his father on 20.03.2014, who was working as a Non-Medical Assistant at Balijuri PHC, Karbi Anglong, Assam, applied for appointment on compassionate ground by application dated 29.05.2014 against 5% reserved quota as per the Policy of the State of Assam. It is the further case of the petitioner that the case of the petitioner was rejected by the SLC in its meeting held on 20.02.2020 for want of vacancy, which is reflected in the speaking order dated 08.06.2020 (Annexure-10 to the writ petition). Against the minutes of the meeting of the SLC dated 20.02.2020 and the speaking order dated 08.06.2020 passed by the Commissioner & Secretary to the Government of Assam, Health & Family Welfare Department, the present writ petition has been filed.

4. Mr. Hammad, learned counsel for the petitioner submits that the SLC has erroneously rejected the application of the petitioner for appointment on compassionate ground and, therefore, the same is liable to be interfered with by this Court. The learned counsel for the petitioner further contends that the respondents have not complied with the Office Memorandum dated 01.06.2016.

5. Per contra, Mr. J.K. Goswami, learned Additional Senior Government Advocate, Assam; Ms. S. Sarma, learned Standing Counsel, Health & Family Welfare Department and Ms. S. Kemprai, learned Standing Counsel, Karbi Anglong Autonomous Council (KAAC) have vehemently opposed the prayer of the petitioner on the ground that the writ petition has been belatedly filed after almost 3(three) years from the date of the decision of the SLC and issuance of the speaking order dated 08.06.2020. The learned counsels appearing for the respondents further submit that the decision of the Apex Court in the case of State of West Bengal Vs. Debabrata Tiwari & Ors., reported in 2023 (2) Supreme 612, is squarely applicable to the facts of the instant case.

6. I have given my prudent consideration to the aforesaid submissions of the learned counsels appearing for both the parties and perused the material available on record.

7. Apt to refer to the decision of the Apex Court in the case of Debabrata Tiwari (supra), before entering into the merit of the matter. The Apex Court in the aforesaid case while dealing with the issue as whether applications for compassionate appointments could be considered after a delay of several years, has held that after a delay of several years, either on the part of the applicant claiming compassionate appointment, or on the part of the authorities in deciding such claim, the sense of immediacy is diluted and lost. Paragraphs 7, 8 & 9 of the aforesaid judgment are reproduced hereunder for ready reference:-

“7. The majesty of death is that it is a great leveller for, it makes no distinction between the young and the old or the rich and the poor. Death being as a consequence of birth at some point of time is inevitable for every being. Thus, while death