IMPORTANT POINT
Compassionate appointments must be made promptly to address financial crises; significant delays render applications stale and unconsiderable.

Judgment :

N. UNNI KRISHNAN NAIR, J.

Heard Ms. S. Dasgputa, learned counsel for the petitioner. Also heard Mr. Dilip Mazumdar, learned Addl. Advocate General, Assam, assisted by Mr. R. Dhar, learned Addl. Senior Government Advocate; and Ms. A. Kalita, learned standing counsel, Industires & Commerce Department; appearing on behalf of their respective respondents.

2. The petitioner, herein, by way of instituting the present proceeding, has presented a challenge to the decision arrived at by the State Level Committee in its meeting held on 04.11.2020, rejecting his case for appointment on compassionate ground.

3. As projected in the writ petition, the father of the petitioner Late Labaram Das, while working as a Pump Attendant in the establishment of the Manager, Industrial Estate, New Bongaigaon, had died-in-harness on 11.07.2007. The petitioner in pursuance of the death of his father in harness, submitted an application on 22.08.2007, before the competent authority praying for consideration of his case for appointment on compassionate ground. The application as submitted by the petitioner in the matter, not having been considered; he proceeded to submit a further application in the matter on 02.06.2008, before the General Manager, District Industries and Commerce Centre, New Bongaigaon, praying for appointment on compassionate ground. It is contended in the writ petition that the petitioner had, thereafter, submitted an application on 22.06.2009, for the same purpose. The applications as submitted by the petitioner for appointment on compassionate ground not having been considered; he approached this Court by way of instituting a writ petition being WP(c)2339/2020. This Court vide order, dated 09.06.2020, upon considering the issues arising in the matter, was pleased to dispose of the said writ petition by directing the respondent authorities to place the case of the petitioner before the jurisdictional District Level Committee for its consideration and consequential action. Accordingly, the application of the petitioner praying for appointment on compassionate ground came to be placed before the jurisdictional District Level Committee in its meeting held on 04.11.2020. However, the said application came to be rejected by the jurisdictional District Level Committee by holding that the said application was submitted by the petitioner after a lapse of the period so mandated for submission of such application. It is to be noted that the application as considered by the jurisdictional District Level Committee was the one which the petitioner had submitted on 02.06.2008.

4. Being aggrieved, the petitioner has instituted the present proceeding before this Court.

5. Ms. Dasgupta, learned counsel for the petitioner, has reiterated the facts as noticed hereinabove and has submitted that the reasoning as advanced by the jurisdictional District Level Committee in its meeting held on 04.11.2020, for rejecting the case of the petitioner, is clearly perverse in-as-much as this Court in the case of Faziron Nessa & ors. v. State of Assam & ors., reported in 2010 (4) GLT 340 had laid down the principle that the application for appointment on compassionate ground is to be preferred within a period of one year from the date of death of the government servant involved.

6. In the above premises, Ms. Dasgputa, learned counsel for the petitioner, has submitted that the case of the petitioner not being granted a fair and due consideration by the jurisdictional District Level Committee; the decision as arrived at in respect of the application so submitted by the petitioner by the jurisdictional District Level Committee in its meeting held on 04.11.2020, would call for an interference with a further direction upon the respondent authorities to place the case of the petitioner before the jurisdictional District Level Committee for a proper and j