IMPORTANT POINT
Compassionate appointments must be applied for within one year of the employee's death; delays undermine the claim's validity and significance.

JUDGMENT :

N. UNNI KRISHNAN NAIR, J.

Heard Ms. Maramee Dutta Medhi, 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 jurisdictional District Level Committee in its meeting held on 01.02.2022, towards rejecting the application of the petitioner for consideration of his case for appointment on compassionate ground.

3. As projected in the writ petition, the father of the petitioner Late Atul Ch. Neog, while working as a Forest Ranger in the establishment of the respondent No. 3, herein, had died-in-harness on 02.11.2010. The mother of the petitioner in pursuance of the death of her husband in harness, submitted an application on 25.02.2010, before the respondent No. 3, praying for appointment of her daughter Ms. Sikha Neog, on compassionate ground. It is contended that although the said application of the mother of the petitioner, seeking appointment on compassionate ground in favour of his sister was so filed on 25.02.2010, the same was not considered by the jurisdictional District Level Committee in its meetings held thereafter.

4. It is also projected in the writ petition that the petitioner who was a minor at the time of the death of his father in harness on 02.11.2010, on attaining the age of majority and also considering the fact that his sister was married off, the mother of the petitioner requested the respondent authorities for consideration of the case of the petitioner, herein, for appointment on compassionate ground. It is seen that an application, dated 23.12.2013, came to be preferred before the respondent No. 3, in this connection. The application as preferred by the petitioner came to be placed before the jurisdictional District Level Committee in its meeting held on 01.02.2022. The jurisdictional District Level Committee on consideration of the said application as preferred by the mother of the petitioner for appointment on compassionate ground of the petitioner, herein, and by holding that the same was not so submitted within a period of 1(one) year from the date of the death of the father of the petitioner; proceeded to reject the same.

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

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

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

8. At the outset, it is to be noted that in pursuance of the death of her husband, the mother of the petitioner had submitted an application praying for appointment on compassionate ground of her daughter i.e. sister of the petitioner, herein. During the pendency of the said application, the marriage of his sister having occasioned and the petitioner, herein, also having attained the age of majority in the meanwhile; the mother of the petitioner, proceeded to submit a fresh application on 23.12.2013, praying for appointment on compassionate ground of the petitioner, herein.

9. It is the said application, dated 23.12.2013, that was placed before the jurisdictional District Level Committee in its meeting held on 01.02.2022, and the same was so rejected by the said Committee by holding that the application praying for appointment on compassionate ground of the petitioner, herein, was so made beyond the period of 1(one) year so prescribed for the purpose.

10. It is to be noticed that under the scheme of appointment on compassionate ground, the application is not transferable and only one member of the family is entitled to apply for being con