Compassionate appointments must be considered promptly to address immediate financial crises; undue delay can render applications stale and ineligible.

JUDGMENT :

N. UNNI KRISHNAN NAIR, J.

1. Heard Mr. S.I. Akand, learned counsel for the petitioner. Also heard Mr. R. Dhar, learned Government Advocate appearing for the respondent nos. 1 to 4 and Mr. P. Nayak, learned Standing Counsel BTC appearing for the respondent nos. 5 to 8.

2. The petitioner in the present proceeding has prayed for a direction upon the respondent authorities to consider his case for appointment on compassionate grounds against any vacant post available in the department.

3. The brief facts requisite for adjudication of the issue arising in the present proceeding is noticed as under:

The father of the petitioner late Gauri Bhusan Chetia, while working as a Grade-IV employee (Peon) in the establishment of the Executive Engineer, Sivasagar Rural Division, Sivasagar, had died in harness on 19.09.2011. The petitioner, accordingly, submitted an application praying for consideration of his case for appointment on compassionate grounds. The said application of the petitioner was placed before the jurisdictional District Level Committee (DLC) in its meeting held on 12.06.2012. The jurisdictional DLC, on consideration of the case of the petitioner, recommended his case for appointment on compassionate grounds and the matter was forwarded to the State Level Committee (SLC) for further necessary processing. It is contended by the petitioner that on 19.06.2018, the case of the petitioner was placed before the SLC; however, the same was not considered. The petitioner, accordingly, approached this Court by way of instituting a Writ Petition being WP (C) No. 6879/2022, praying for appointment on compassionate grounds. This Court, upon consideration of the issue arising in the said proceeding was pleased to direct that the case of the petitioner be placed before the SLC in its next meeting, if not already placed before it, in terms of the recommendation made by the jurisdictional DLC in its meeting held on 12.06.2012. In pursuance to the directions as passed by this Court, vide the said order dated 01.10.2018, the respondent authorities issued a Speaking Order dated 22.11.2018 and therein, it was reflected that the case of the petitioner was considered by the SLC in its meeting held on 19.06.2018 and his case was rejected on the ground of non-availability of any vacant post for appointing the petitioner on compassionate grounds.

The petitioner by referring to a decision of a Co-ordinate Bench of this Court, in the case of Bhaskar Bordoloi Vs. State of Assam and Ors. WP (C) No. 6519/2018 wherein, this Court, vide order dated 27.07.2022, had directed the respondent authorities for a re-consideration of the case of the petitioner by requiring such consideration to be made against any vacant post in any other department for which, the petitioner therein was so qualified. Accordingly, the petitioner approached the respondent authorities claiming for similar benefit. However, the respondent authorities vide a communication dated 22.11.2022, proceeded to inform the petitioner that his case was considered by the SLC in its meeting held on 19.06.2018 and had rejected the same on the ground that there was no vacant post available. The petitioner, in the present proceeding, while making a prayer for consideration of his case for appointment on compassionate grounds has not assailed the decision arrived at in his case by the SLC in its meeting held on 19.06.2018, nor the communication dated 22.11.2022 is under challenge in the present proceeding.

4. The learned counsels appearing for the parties have reiterated the facts as noticed herein above. I have heard the learned counsels for the parties and also noticed the materials brought on record.

5. It is an admitted fact that the father of the petitioner had died in harness while serving as a Grade-IV employee (Peon) in the establishment of the respondent no. 5 on 19.09.2011. The application as submitted by the petitioner for appointment on compassionate grounds was considered by the jurisdict