Compassionate appointment is a remedy to mitigate financial hardships due to a breadwinner's death, requiring timely application and consideration of changing financial circumstances. Delay can render claims ineffective.

JUDGMENT :

N. UNNI KRISHNAN NAIR, J.

1. Heard Mr. S.K. Talukdar, 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 27.11.2015, rejecting her case for appointment on compassionate ground. The petitioner has also assailed the speaking order, dated 24.04.2017, issued by the Deputy Secretary to the Government of Assam, Health & Family Welfare Department, informing the petitioner about the decision of the State Level Committee insofar as his application for appointment on compassionate ground.

3. As projected in the writ petition, the husband of the petitioner Late Lakhi Barman, while working as a Driver in the establishment of the Directorate of Health Services (FW), had died-in-harness on 16.08.2011. The petitioner in pursuance of the death of her husband in harness, submitted an application on 14.11.2011, before the respondent authorities praying for consideration of her case for appointment on compassionate ground. The application as submitted by the petitioner in the matter came to be placed before the jurisdictional District Level Committee in its meeting held on 28.03.2012. The said District Level Committee proceeded to recommend the case of the petitioner for appointment on compassionate ground against an identified post. The matter was, thereafter, placed before the State Level Committee on 27.11.2015. The State Level Committee on consideration of the case of the petitioner, proceeded to reject the case of the petitioner on the ground that 2 years time-frame as mandated for consideration of the application so submitted by the petitioner, herein, for appointment on compassionate ground, had already elapsed and further, there was no vacant post available for accommodating the petitioner for appointment on compassionate ground.

4. It is also projected in the writ petition that in pursuance of the decision so arrived at by the State Level Committee in its meeting held on 27.11.2015; the Secretary to the Government of Assam, Health & Family Welfare Department, issued a speaking order, dated 24.04.2017, a copy of which was also furnished to the petitioner, herein. In the said order, dated 24.04.2017, the reasons for rejection of the case of the petitioner by the State Level Committee in its meeting held on 27.11.2015, was communicated to her.

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

6. Mr. Talukdar, learned counsel for the petitioner, has reiterated the facts as noticed hereinabove and has submitted that after the death of her husband, the petitioner had within the time-frame so prescribed for such submission, submitted her application staking a claim for appointment on compassionate ground on 14.11.2011. The learned counsel has further submitted that the jurisdictional District Level Committee had also considered the application so preferred by the petitioner for appointment on compassionate ground, promptly, and recommended her case for appointment on compassionate ground against an identified vacant post. However, the recommendations as made in favour of the petitioner, came to be pl