Compassionate appointments must be processed timely to alleviate financial hardship, and undue delays compromise the immediacy of need, as reaffirmed by circulars from the Railway Authorities.

JUDGMENT :

YARENJUNGLA LONGKUMER, J.

Heard learned counsel Mr. P. Chanda for the petitioner, and Mr. Y. P. Gupta, for the respondents.

1. This petition under Article 226 of the Constitution of India has been filed by the petitioner praying for appointment on compassionate ground.

2. The facts in the petition is that the petitioner’s wife was serving as a Safaiwala under H&MI, Dimapur and died in harness on 23.05.2024 leaving behind the petitioner and his daughter. After the demise of the petitioner’s wife, the petitioner having no means of livelihood had approached the concerned authorities on several occasions along with all necessary documents for appointment on compassionate ground against any group D category. The petitioner and his daughter do not have any employment in the Railways or any other State or Central Government organizations and as such they are facing immense financial difficulties. The petitioner submitted an application dated 06.08.2009 along with all necessary documents to the Divisional Railway Manager, North East Frontier Railways Lumding, Assam for appointment on compassionate ground and the same was forwarded to the higher authorities. However, the respondents failed to consider his application. The petitioner’s wife was holding a regular post at the time of her demise and as such family pension has been granted to the petitioner in appreciation of the service rendered by the deceased employee during her life time.

3. Being aggrieved by the non action of the respondents even after a lapse of eleven years from the date of expiry of the petitioner’s wife, the petitioner submitted another application dated 09.04.2015 to the Divisional Railway Manager, North East Frontier Railway, Lumding with a similar prayer for appointment of compassionate ground in any Group ‘D’ category post. However, the same was also kept in cold storage by the respondents.

4. As per Railway Establishment Rules and Labour Rules, appointment on compassionate ground is offered limited to dependents of the deceased employees of the railways.

5. It is further stated that in spite of the existence of a policy for appointment of dependents of employees, who died in harness while in service, the inaction of the respondents even after a lapse of fifteen years from the date of death of the petitioner’s wife is a case of discrimination and arbitrary action by the respondents.

6. Having no alternative remedy, the petitioner made another application dated 03.05.2019, to the Divisional Railway Manager North East Frontier Railway, Lumding praying for a compassionate appointment, which was duly received. However, this application was also not considered. It is stated that the petitioner has completed his Secondary School Examination and as such, he is eligible for appointment on compassionate grounds in Group ‘D’ category, as per the Railway Establishments Rules and Labor Rules.

7. The Secretary of the NE Railway, Mazdoor Union, Dimapur, Branch vide letter dated 22.01.2020 wrote to the Divisional Railway Manager (P), N.F. Railway, Lumding on the subject of compassionate appointment of the petitioner, referring the three applications of the petitioner dated 06.08.2009, 09.04.2015 and 03.05.2019, which were not considered till date. The Secretary of the NE railway, Mazdoor Union, Dimapur Branch also stated in the said letter that the petitioner is a genuine applicant as per CGA scheme