IMPORTANT POINT
Compassionate appointment must be claimed promptly to address immediate financial crises; delay undermines the claim.

JUDGMENT :

(N. Unni Krishnan Nair, J.)

Heard Mr. N. J. Gogoi, learned counsel for the petitioner. Also heard Mr. D. Gogoi, learned Standing Counsel for the Forest Department.

2. The petitioner by instituting the present proceeding has prayed for a direction upon the respondent authorities for appointing him on compassionate grounds in terms of the recommendation made by the State Level Selection Committee, in its meeting held on 13.08.2014. The petitioner had further presented a challenge to a select list published in the News Daily “The Assam Tribune” on 17.07.2015, in terms of a recommendation made by the State Level Committee (SLC), in its meeting held on 01.04.2015.

3. As projected in the writ petition, the father of the petitioner Late Upendra Nath Baishya, while working as a Forest Guard in the establishment of the Divisional Forest Officer, Nalbari, Social Forestry Division, died in harness on 29.01.2004. The petitioner, being eligible under the scheme for compassionate appointment as was then in vogue, submitted his application for appointment on compassionate grounds on 02.02.2004. In the writ petition, the petitioner has contended that after submission of his application, he was regularly pursuing the matter with the respondent authorities till 2014. In the year 2014, it is contended that the respondent authorities had required the petitioner to submit the financial status of the family of the petitioner, which the petitioner accordingly submitted. The petitioner further contends that the SLC, in its meeting held on 13.08.2014 had considered his case along with the other applicants.

4. The petitioner, by referring to a communication dated 13.08.2014, issued by the Conservator of Forest and by projecting the recommendation contained therein, to be the recommendation so made by the SLC, has contended that his name was approved for appointment on compassionate grounds. The petitioner has further contended that the Departmental authorities had published a select list in the News Daily “The Assam Tribune” in its issue dated 17.07.2015 for appointment of the selected persons on compassionate grounds, in terms of the SLC meeting held on 01.04.2015. However, the name of the petitioner did not figure in the said select list. The appointment of the petitioner on compassionate grounds, not having occasioned in terms of the purported recommendation of the SLSC in its meeting held on 13.08.2014, proceeded to institute the present proceedings before this Court on 09.01.2024 praying for the reliefs as noted herein above.

5. The learned counsel for the petitioner by referring to the communication dated 13.08.2014, more particularly, to the enclosures thereto, which has been projected to be the recommendation made by the SLC, has submitted that the petitioner’s name therein was recommended for appointment on compassionate grounds and accordingly, submitted that the respondent authorities not having implemented the said decision of the SLC in its meeting held on 13.08.2014, prejudice has been caused to the interest of the petitioner and his family members.

6. On appreciating the said submission made by the learned counsel for the petitioner with regard to the recommendation purportedly made by the SLC, in its meeting held on 13.08.2014, this Court had required the learned Standing Counsel, Forest Department, to receive instructions in the matter. Today, when the matter was taken up for hearing, the learned Standing Counsel for the Forest Department had placed the instructions so received by him in the matter.

7. On perusal of the instructions so received, it is seen that the communication dated 13.08.2014, relied upon by the petitioner to be the recommendation of the SLC is in fact not the recommendation of the SLC but, a proposal submitted by the Conservator of Forest (HQ) Office of the PCCF & HoFF, Assam, forwarding a list of 788 nos. of candidates applying for appointment on compassionate grounds. The said proposal also contained the appl