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MANISH CHOUDHURY
Rublieas Hussain, S/o. Lt. Zakir Hussain – Appellant
Versus
State Of Assam, Represented By The Commissioner And Secretary To The Govt. Of Assam, Home Department – Respondent
JUDGMENT :
Manish Choudhury, J.
Heard Mr. Z. Hammad, learned counsel for the petitioner and Mr. J.K. Goswami, learned Additional Senior Government Advocate, Assam for all the respondents.
2. The case projected in this writ petition by the petitioner, in brief, is that the father of the petitioner viz. Late Zakir Hussain was working as a UBC/333 in the D.E.F., Nagaon under the respondent no. 3. The petitioner’s father, Zakir Hussain died in harness on 25.07.2020 leaving behind his wife and other family members including the petitioner. In support of the said fact, the petitioner has annexed a copy of the death certificate issued on 17.08.2020 by the Registrar, Birth & Death, Tarabari MPHC, Nagaon, Assam as Annexure-2 to the writ petition.
3. It is the case of the petitioner that he passed the High School Leaving Certificate [HSLC] Examination in the year 2017 and his date of birth is 08.01.2001. The petitioner stated to have studied up to Higher Secondary level and he passed the Higher Secondary Final Examination held under the aegis of the Assam Higher Secondary Education Council in 2nd Division in the year 2019 and has annexed a copy of the pass certificate issued by the AHSEC on 25.0
The withdrawal of the compassionate appointment scheme prior to the employee's death means the petitioner is only entitled to benefits under the Compassionate Family Pension Scheme.
Compassionate appointment claims are governed by the scheme in effect at the time of the employee's death, and not by subsequent schemes.
Compassionate appointment is not a right but a concession and should be strictly in accordance with the prevalent rules for compassionate appointment applicable to the deceased/prematurely retired em....
Compassionate appointment applications must be filed in a timely manner; mere death of an employee does not entitle family to automatic benefits without demonstrating need.
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