IMPORTANT POINT
Compassionate appointments must be made promptly to address financial crises; delays render such claims stale and unmeritorious.

JUDGMENT :

N. UNNI KRISHNAN NAIR, J.

Heard Mr. R. Sarma, 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, appearing on behalf of the State Respondents.

2. The petitioner, herein, by way of instituting the present proceeding, has presented a challenge to a speaking order, dated 24.04.2017, issued by the Deputy Secretary to the Government of Assam, Health & Family Welfare Department, intimating the petitioner that his case for appointment on compassionate ground, on being considered by the District Level Committee, came to be rejected on the ground of non-availability of vacancy and also on the ground that the application for appointment on compassionate ground as preferred by him, on completion of 2 years from the date it was so preferred, had spent its force. The petitioner has further prayed for a direction upon the respondent authorities to consider his case for appointment against any Grade-IV post on compassionate ground.

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

As projected in the writ petition, the father of the petitioner Late Bhubaneswar Das, while serving as a Sweeper in the establishment of Chief Medical and Health Officer, Nalbari, had died-in-harness on 23.03.2010.

It is contended by the petitioner in the writ petition that the petitioner, thereafter, submitted an application, praying for his appointment on compassionate ground against any Grade-IV post available in the Department. However, the application of the petitioner not being considered by the departmental authorities; the petitioner had approached this Court by way of instituting a writ petition being WP(c)851/2011. This Court, vide order, dated 18.02.2011, while disposing of the said writ petition, was pleased to direct the respondents to consider the case of the petitioner in terms of the guidelines laid down in the case of Achyut Ranjan Das & ors. v. State of Assam & ors ., reported in 2006(4) GLT 674.

The District Level Committee, thereafter, in its meeting held on 28.02.2012, recommended the case of the petitioner and forwarded the same to the State Level Committee for further consideration. The State Level Committee in its meeting held on 27.11.2015, on consideration of the case of the petitioner, rejected the same on the ground that 2 years had already elapsed from the date of making the application for appointment on compassionate ground by the petitioner and further, that there was no vacancy available for accommodating the petitioner within the quota mandated for appointment on compassionate ground. The said decision of the State Level Committee was communicated to the petitioner by way of the speaking order, dated 24.04.2017, issued by the Deputy Secretary to the Government of Assam, Health & Family Welfare Department.

It is the above-noted speaking order, dated 24.04.2017, that is under challenge in the present proceeding.

4. Mr. Sarma, learned counsel for the petitioner, has reiterated the facts as noticed hereinabove and has submitted that the delay so occasioning in consideration of the case of the petitioner for appointment on compassionate ground is solely attributable to the respondent authorities and the petitioner, herein, is in no way responsible for such delay.

5. Mr. Sarma, learned counsel, has submitted that although after the death of the father of the petitioner in harness on 23.03.2010; the petitioner had submitted an application praying for appointment on compassionate ground in the matter, the same was considered by the District Level Committee only in its meeting held on 28.02.2012. Thereafter, the consideration made by the State Level Committee was unduly delayed and the said consideration by the State Level Committee