Compassionate appointments must follow established procedures, but courts may consider unique circumstances where individuals have served without remuneration.

JUDGMENT & ORDER :

N. Unni Krishnan Nair, J.

Heard Mr. Nayanjyoti Khataniar, learned standing counsel, Secondary Education Department, appearing on behalf of the appellants. Also heard Mr. A. U. Ahmed, learned counsel, appearing on behalf of respondent No. 1.

2. In view of the order passed by this Court today in IA(c)824/2025 [in Writ Appeal No. 824/2025(Filing Number)]; Registry has registered the instant writ appeal today itself.

3. With the consent of the learned counsels appearing for the parties;the matter is finally heard.

4. The present intra-Court appeal has been instituted by the appellants, herein, assailing the order, dated 07.02.2024, passed by the learned Single Judge in WP(c)4572/2022.

5. The respondent No. 1, herein, had approached the writ Court by way of instituting a writ petition being WP(c)4572/2022, praying for a direction upon the appellants, herein, to grant ex-post facto approval to his appointment against the post of Chowkidar in Kacharigaon Senior Madrassa, Dhubri, and also for grant of Finance(S.I.U.) approval to his appointment and for the purpose of release of his arrears as well as his current salaries.

6. The father of the respondent No. 1, herein, late Jasim Uddin Khan, while working as a Chowkidar in Kacharigaon Senior Madrassa, Dhubri, was kidnapped by some miscreants on 19.03.2006. Unfortunately, the father of the respondent No. 1, herein, could not be recovered alive and his dead body was subsequently found. The respondent No. 1, after the demise of his father, applied before the respondent authorities for consideration of his case for appointment against the post of Chowkidar held by his deceased father in Kacharigaon Senior Madrassa, Dhubri.

7. The Managing Committee of Kacharigaon Senior Madrassa, Dhubri, vide resolution, dated 22.08.2006, proceeded to engage the respondent No. 1, herein, as a Chowkidar in the said Madrassa and an engagement letter, in this connection, was issued to the respondent No. 1, herein, on 22.08.2006. The respondent No. 1, accordingly, joined his service as a Chowkidar in Kacharigaon Senior Madrassa, Dhubri, in terms of the said engagement letter, dated 22.08.2006.

8. The appointment of the respondent No. 1, herein, not being regularized; he had approached the writ Court by way of instituting a writ petition being WP(c)4760/2007. The said writ petition was disposed of by the writ Court vide order, dated 12.09.2007, directing the respondent authorities to consider the case of the respondent No. 1 in terms of the guidelines laid down by a single Bench of this Court in the case of Achyut Ranjan Das v. State of Assam & ors. [judgment & order, dated 03.08.2006, in WP(c)3875/2005]. The certified copy of the judgment & order, dated 03.08.2006, on being produced by the respondent No. 1, before the respondent authorities; the matter was processed and the Director of Madrassa Education, Assam, on 11.06.2013, proceeded to appoint the respondent No. 1, herein, as a Chowkidar(Grade-IV employee) in Kacharigaon Senior Madrassa, Dhubri.

9. In the order, dated 11.06.2013, issued by the Director of Madrassa Education, Assam, it was also stipulated that the post, in question, against which the respondent No. 1 was so appointed, had the approval of the Finance(S.I.U.) Department. The respondent No. 1, herein, accordingly, joined his service and has been discharging his duties, therein, till date.

10. The materials brought on record would go to reveal that for release of the salaries of respondent No. 1, herein, in pursuance of his appointment effected vide the order, dated 11.06.2013, communications were made between the appellants, herein, as well as with the Finance Department. However, on the plea that the validity of the Finance(S.I.U.) approval for the post, in question, having expired on 31.07.2008, the matter of disbursal of the salaries to the respondent No. 1, herein, was not taken forward. It is seen that the Director of Madrassa Education, Assam, vide communication, dated 11.12.2014