THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI
Faiz Uddin Mazumder S/o Lt. Akon Ali Mazumder – Appellant
Versus
Union of India – Respondent
JUDGMENT :
SANJAY KUMAR MEDHI, J.
The instant petition under Article 226 of the Constitution of India has been filed challenging, inter alia the non-consideration and appointment of the petitioner on compassionate ground.
2. The projected case of the petitioner, in a nutshell is that his father, Akon Ali Mazumder, who was working as a Majdoor under the Commanding Officer, 57 Mountain Division of the Indian Army had died in harness on 10.07.2003. He left behind his wife and three minor children including the petitioner. The petitioner was stated to be a minor at the time of the death of his father. The petitioner had passed his H.S. examination and after attaining the age of majority, had submitted an application on 11.04.2009 praying for appointment on compassionate ground. On such application, certain documents were asked from the petitioner and thereafter, there was no action. The petitioner also claims to have submitted a representation dated 19.11.2015 followed by filing of the present writ petition.
3. I have heard Ms. L. Wazeeda, learned counsel for the petitioner. I have also heard Shri SS Roy, learned CGC.
4. The learned counsel for the
Sanjay Kumar Vs State of Bihar reported in (2000) 7 SCC 192
State of West Bengal Vs Debabrata Tiwari reported in AIR 2023 SC 1467
Compassionate appointments are intended for immediate relief and cannot be claimed after significant delays, as the sense of urgency is lost.
Compassionate appointments are not vested rights and must be considered promptly to address immediate financial crises; delays diminish the urgency of such claims.
Compassionate appointments are not vested rights and must be considered promptly to address immediate financial crises; significant delays undermine this purpose.
Compassionate appointment is not a vested right and must be pursued promptly to address immediate financial crises; delays diminish the urgency and relevance of the application.
Compassionate appointments are intended for immediate relief and should not be claimed after significant delays, as urgency diminishes over time.
Compassionate appointment is not a vested right and is meant to address immediate financial crises. The sense of immediacy is diluted and lost in cases of prolonged delay, and compassionate appointme....
Compassionate appointments must be sought immediately after the death of a government employee, as delays negate the intended relief purpose.
Compassionate appointments are exceptions to normal recruitment rules, not vested rights, and must satisfy immediate needs without prolonged delays affecting eligibility.
Compassionate appointments are exceptions to normal recruitment procedures and must be made promptly to address immediate financial crises; delays undermine this objective.
Compassionate appointments are an exception for immediate support to bereaved families, not a vested right, and must be considered without undue delay to fulfill their intended purpose.
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