Back
IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
Sanjay Kumar Medhi
Minu Nath, W/o- Late Dwijen Ch. Nath – Appellant
Versus
State Of Assam Represented By The Secretary, Department Of School Education (Secondary) – Respondent
| Table of Content |
|---|
| 1. challenge on non-consideration of compassionate appointment. (Para 1 , 2) |
| 2. arguments regarding unreasonableness of non-consideration. (Para 4 , 5) |
| 3. court’s analysis of delay and lack of relevant facts. (Para 6 , 7 , 8) |
| 4. principles of compassionate appointment as per supreme court ruling. (Para 9 , 10 , 11) |
| 5. court establishes impact of prolonged delay on entitlement. (Para 12) |
| 6. court dismisses writ petition. (Para 13 , 14) |
JUDGMENT :
Sanjay Kumar Medhi, J.
The instant petition under Article 226 of the Constitution of India has been filed challenging, inter alia the non-consideration of the candidature of the petitioner for appointment on compassionate ground.
2. The projected case of the petitioner, in a nutshell is that her husband, Dwijen Ch. Nath, who was working as a Grade-IV employee of Daulasal High School in the district of Nalbari and had died in harness on 21.12.2001. The petitioner claims to be eligible had applied for appointment on compassionate ground and such application was forwarded by the Inspector of School, Nalbari on 07.02.2002. Thereafter, the matter was forwarded to the Education Department on 07.05.2002 in spite of which, no appointment has
Compassionate appointment is meant for immediate relief to bereaved families and cannot be claimed after significant delays, as established by the Supreme Court.
Compassionate appointments are an exception for immediate support to bereaved families, not a vested right, and must be considered without undue delay to fulfill their intended purpose.
Compassionate appointments are exceptions to normal recruitment rules, not vested rights, and must satisfy immediate needs without prolonged delays affecting eligibility.
Compassionate appointments are exceptions meant for immediate relief and not vested rights; delays undermine their purpose.
Compassionate appointments are not a vested right and must be granted promptly; delays undermine their purpose.
Compassionate appointments are intended for immediate relief and should not be claimed after significant delays, as urgency diminishes over time.
Compassionate appointment claims must be pursued without undue delay, as significant lags undermine the objective of immediate relief for bereaved families.
Compassionate appointments are not vested rights and must be considered promptly to address immediate financial crises; delays diminish the urgency of such claims.
Compassionate appointments are exceptions to normal recruitment procedures and must be made promptly to address immediate financial crises; delays undermine this objective.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
