Compassionate appointments are exceptional provisions that cannot be claimed after a significant delay, as the immediacy of need must be preserved.

JUDGMENT :

N. UNNI KRISHNAN NAIR, J.

1. Heard Mr. Jitumani Kalita, 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 02.03.2023, towards rejecting his case for appointment on compassionate ground.

3. As projected in the writ petition, the father of the petitioner Late Sujit Ranjan Das, while working as a Havildar in the Assam Police, had died-in- harness on 21.04.2011. In pursuance of the death of his father, the mother of the petitioner approached the respondent authorities by way of submission of an application on 11.05.2011, praying for consideration of her case for appointment on compassionate ground. It is contended that the said application of the mother of the petitioner was not considered. Thereafter, the petitioner, herein, submitted an application on 13.06.2012, praying for consideration of his case appointment on compassionate ground against any Grade-IV vacant post. The application as submitted by the petitioner after a considerable period of delay, came to be placed before the jurisdictional District Level Committee in its meeting held on 17.09.2022. The jurisdictional District Level Committee, on consideration of the application of the petitioner, proceeded to recommend his case against a post of Constable(UB) and the matter was directed to be placed before the State Level Committee for further consideration. The recommendation as made in favour of the petitioner by the jurisdictional District Level Committee, came to be placed before the State Level Committee in its meeting held on 02.03.2023. The State Level Committee, however, on consideration of the case of the petitioner, proceeded to reject the same on account of late submission of the application, in question. The rejection of the case of the petitioner by the State Level Committee in its meeting held on 02.03.2023, was communicated to the petitioner, herein, by the Superintendent of Police, Karimganj, vide communication, dated 05.04.2023.

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

5. Mr. Kalita, learned counsel for the petitioner, has submitted that although had submitted his application on 13.06.2012; the same was so done strictly in terms of the advice rendered by the departmental authorities to the family of the petitioner, herein. The learned counsel has further submitted that the jurisdictional District Level Committee on scrutiny of the application as submitted by the petitioner having found the petitioner to be in need of an appointment for sustenance of his family; proceeded to recommend his case for appointment on compassionate ground against an identified vacant post of Constable(UB) in the Assam Police.

6. Mr. Kalita, learned counsel, has also submitted that the State Level Committee in view of the facts existing in the matter and also, the recommendations so made in favour of the petitioner, herein, by the jurisdictional District Level Committee, ought not to have rejected the case of the petitioner only on the ground that the application so submitted by him, was submitted beyond the time-frame prescribed for the purpose.

7. Mr. Kalita, learned counsel, has strenuously argued that the State Level Committee while making the recommendations for appointment on compassionate ground, have not applied the same yardstick to t