Compassionate appointments are intended for immediate relief and should not be claimed after significant delays, as urgency diminishes over time.

Order :

(SANJAY KUMAR MEDHI, J.)

The instant petition under Article 226 of the Constitution of India has been filed challenging, inter alia the non-consideration and appointment of the petitioner on compassionate ground.

2. The projected case of the petitioner, in a nutshell is that his father, Ranjit Patowary, who was working as a Constable under the Establishment of the Sr. Superintendent of Police, City Guwahati, Kamrup (M), had died in harness on 12.06.2008. The petitioner was stated to be a minor at the time of the death of his father. It has been averred that on attaining the age of majority, his mother had made an application which however was not responded to. Thereafter, his mother again applied for compassionate appointment of the petitioner vide application dated 11.05.2016. However, the petitioner claims that the District Level Committee (DLC) in its meeting held on 02.04.2018 had rejected the application of the petitioner due to late submission of application. The petitioner also claims to have submitted a representation dated 02.11.2019 which was not responded to and thereafter, the present writ petition has been filed.

3. I have heard Shri K. Kalita, learned counsel appearing on instructions of Shri BK Das, learned counsel for the petitioner. I have also heard Shri R. Dhar, learned Additional Senior Government Advocate, Assam for all the respondents.

4. The learned counsel for the petitioner has submitted that there was no negligence on his part in applying for appointment on compassionate ground. It is submitted that the petitioner was a minor at the time of death of his father and only upon attaining majority, he could apply for the same. He therefore, submits that the reasons cited for rejection namely, delay in applying is arbitrary and requires intervention. He accordingly submits that appropriate directions be issued for such consideration and appointment.

5. Per contra, Shri Dhar, learned State Counsel has submitted that the objective of the scheme for appointment on compassionate ground is to give immediate relief to a bereaved family which has lost its sole breadwinner, who was a Government servant. It is submitted in the instant case that the death was in the year 2008 and in the meantime, almost 17 years have passed and therefore, there is no requirement in law for such consideration. He has also highlighted that the aspect of delay in approaching this Court. The learned State Counsel has relied upon the case of State of West Bengal Vs. Debabrata Tiwari reported in AIR 2023 SC 1467 to contend that the instant application is without any merits. He has also referred to a judgment dated 12.12.2023 passed by this Court in WP(C)/6916/2023 [Tapan Saikia Vs. the Chief Secretary & Ors.] in which the aspect that for the State of Assam, there is no Government Circular to permit the minor to submit belated application for compassionate appointment has been highlighted.

6. The rival contentions of the learned counsel for the parties have been duly considered.

7. The facts on record make it clear that the death of the father of the petitioner was on 12.06.2008 and the application was claimed to be made by the petitioner in the year 2016 after the petitioner had attained majority.

8. The law is well settled on the field of appointment on compassionate ground. It has been laid down that in a case where an applicant was a minor at the time of death of the Government servant, there is no requirement in law to wait for such consideration till such applicant attains majority. Further, in the instant case, as on today, about 17 years have passed sin