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

JUDGMENT :

N. UNNI KRISHNAN NAIR, J.

None appears for the petitioner, on call. However, Mr. Dilip Mazumdar, learned Addl. Advocate General, Assam, assisted by Mr. R. Dhar, learned Addl. Senior Government Advocate, are present on behalf of all the respondents.

2. The petitioner, herein, by way of instituting the present proceeding, has presented a challenge to the speaking order, dated 22.11.2018, issued by the Under Secretary to the Government of Assam, PWRD, Dispur, communicating to the petitioner the rejection of his claim for appointment on compassionate ground by the State Level Committee in its meeting held on 19.06.2018, on the ground of non-availability of vacant post within the 5% quota mandated for appointment on compassionate ground and also the delay of 13 years occasioning since the death of his father, in harness.

3. As projected in the writ petition, the father of the petitioner Late th Madhab Ch. Bordoloi, while working as 4 Grade employee in the establishment of the Executive Engineer, Public Works Department, Nagaon State Road Division, Nagaon, had died-in-harness on 01.06.2005. The petitioner in pursuance of the death of his father in harness, submitted an application praying for consideration of his case for appointment on compassionate ground. The case of the petitioner was considered by the jurisdictional District Level Committee in its meeting held on 09.01.2015, wherein, the case of the petitioner came to be recommended against an identified Grade-IV post in the said establishment.

4. It is also projected in the writ petition that the case of the petitioner not being further considered, had approached this Court by way of instituting a writ petition before this Court being WP(c)6597/2018. This Court, vide order, dated 03.10.2018, on noticing the issue arising in the present proceeding, had disposed of the said writ petition by directing the respondent authorities to place the case of the petitioner before the State Level Committee in its next meeting held for the purpose of consideration of his case for appointment on compassionate ground, if not already considered in terms of the recommendations made by the District Level Committee, Nagaon, in its meeting held on 09.01.2015.

5. It is the case of the petitioner in pursuance of the order passed by this Court in the above-noted writ petition, the respondent authorities in the Public Works Department by way of issuance of the speaking order, dated 22.11.2018, intimated to the petitioner that his case was so considered in its meeting held by the State Level Committee on 19.06.2018, and his case was rejected on the ground that there was no vacant post available within the 5% quota mandated for appointment on compassionate ground and further, on the ground that 13 years had elapsed since the date of the death of the petitioner’s father, in harness.

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

7. Mr. Mazumdar, learned Addl. Advocate General, Assam, appearing for the State Respondents, has submitted that the case of the petitioner was rejected by the State Level Committee in its meeting held on 19.06.2018 on the ground that his case was rejected on the ground that there was no vacant post available within the 5% quota mandated for appointment on compassionate ground and further, on the ground that 13 years had elapsed since the date of the death of the petitioner’s father, in harness.

8. Mr. Mazumdar, learned Addl. Advocate General, Assam, has further submitted that the father of the petitioner had died-in-harness on 01.06.2005. The learned Addl. Advocate General, Assam, has also submitted that the immediacy for effecting appointment on compassionate ground insofar as the petitioner is concerned, has lost its force. The learned Addl. Advocate General, Assam, has relied upon the decision of the Hon'ble Supreme Co