Compassionate appointments are time-sensitive and must be made without undue delay to address financial distress; stale claims will not be entertained as needs may change over time.

JUDGMENT :

N. UNNI KRISHNAN, J.

1. Heard Mr. S.C. Biswas, 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 State Level Committee in its meeting held on 02.08.2022, towards rejecting his case for appointment on compassionate ground.

3. As projected in the writ petition, the father of the petitioner Late Naren Bhuyan, while working as a Gram Sevak under R.D. Wing, Nadaur Development Block, had died-in-harness on 02.09.2013. The petitioner in pursuance of the death of his father in harness, submitted an application in the month of November, 2023, praying for consideration of his case for appointment on compassionate ground. The application as submitted by the petitioner came to be placed before the Commissioner, Panchayat & Rural Development Department, instead of the same being placed before the jurisdictional District Level Committee. The petitioner, being aggrieved, approached this Court by way of instituting a writ petition being WP(c)7312/2018. This Court, vide order, dated 02.11.2019, upon appreciating the issues arising in the matter, disposed of the said writ petition by directing the respondent authorities to place the case of the petitioner before the jurisdictional District Level Committee for its consideration for appointment of the petitioner, herein, on compassionate ground. The case of the petitioner was, thereafter, placed before the jurisdictional District Level Committee in its meeting held on 06.09.2019. The said District Level Committee, on consideration of the application of the petitioner, proceeded to recommend his case for appointment on compassionate ground against an identified vacant post of Grade-III. The recommendation as made by the District Level Committee came to be placed before the State Level Committee in its meeting held on 02.08.2022. The State Level Committee, on consideration of the case of the petitioner, proceeded to reject the same on the ground that the application of the petitioner was being considered after 5 years from the date of the death of his father, in harness.

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

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

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

7. It is a settled position of law that public service appointment should be made strictly on the basis of open invitation of an application and on merits. The appointment on compassionate ground cannot be a source of recruitment. It is merely an exception to the requirement of law keeping in view the fact of the death of the employee while in service, leaving his family without any means of livelihood. In such cases, the object is to enable the family to get over the sudden financial crises. Such appointments on compassionate ground, therefore, have to be made in accordance with the Rules, Regulations, or, administrative instructions taking into consideration, the financial condition of the family of the deceased. The favourable treatment to the dependent of the deceased employee must have a clear nexus with the objects sought to be achieved thereby i.e. relief against destitution. At the same time, however, it should not be forgotten that as against the destitute family of the deceased, there are millions and millions of other families which are eq