IMPORTANT POINT
Compassionate appointments are exceptions to standard recruitment rules and must be sought immediately to address financial distress; undue delays can render claims stale.

JUDGMENT :

N. UNNI KRISHNAN NAIR, J.

Heard Ms. N. Gupta, 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 all the 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 19.12.2011, towards rejecting his case for appointment on compassionate ground.

3. As projected in the writ petition, the father of the petitioner Late th Pradip Das, while working as a Cook in the 11 Assam Police Bn., Dergaon, had died-in-harness on 19.07.2007. At the time of the death of his father in harness, the petitioner was aged about 17 years and accordingly, he could not submit any application immediately for appointment on compassionate ground. Thereafter, the petitioner, acquired his HSLC certificate and Higher Secondary Arts Examination in the year 2008 and 2010, respectively, submitted an application in the year 2010, itself, before the competent authority praying for consideration of his case for appointment on compassionate ground. The application as preferred by the petitioner on being recommended by the jurisdictional District Level Committee came to be placed before the State Level Committee in its meeting held on 19.12.2011. The State Level Committee had rejected the case of the petitioner for appointment on compassionate ground on the ground that the same would not mandate a consideration as the father of the petitioner at the time of his death in harness, had only 3 years of service left.

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

5. The learned counsels appearing for the parties have reiterated the facts and circumstances as noticed hereinabove.

6. I have heard the learned counsels appearing for the parties and also perused the materials available on record.

7. At the outset, it is to be noted that the reasoning advanced by the State Level Committee in its meeting held on 19.12.2011, for rejecting the case of the petitioner, herein, by holding that the same would not mandate a consideration on the ground that the residual service of 2/3 years on the face of it, would not merit acceptance. However, what has to be noted in the present proceeding is that the father of the petitioner had died-in- harness on 19.07.2007. The family of the petitioner inspite of not being favoured with any sustenance by the Government, had sustained themselves for the last more than 17 years. It is a settled position of law that public service appointment should be made strictly on the basis of open invitation of an application and on merits. The appointment on compassionate ground cannot be a source of recruitment. It is merely an exception to the requirement of law keeping in view the fact of the death of the employee while in service, leaving his family without any means of livelihood. In such cases, the object is to enable the family to get over the sudden financial crises. Such appointments on compassionate ground, therefore, have to be made in accordance with the Rules, Regulations, or, administrative instructions taking into consideration, the financial condition of the family of the deceased. The favourable treatment to the dependent of the deceased employee must have a clear nexus with the objects sought to be achieved thereby i.e. relief against destitution. At the same time, however, it should not be forgotten that as against the destitute family of the deceased, there are millions and millions of other families which are equally, if not more, destitute. The exception to the Rule made in favour of the family of the deceased employee is in consideration of the service rendered by him and the legitimate expectation, and the change in the