Compassionate appointments are intended for immediate relief, and claims made after significant delays cannot be entertained as the necessary urgency is lost.

JUDGMENT :

Kardak Ete, J.

Heard Mr. U. B. Sharma, learned counsel for the petitioner. Also heard Mr. D. P. Borah, learned Standing Counsel, Health and Family Welfare Department and Mr. T. C. Chutia, learned Additional Senior Government Advocate for the respondent Nos. 2 & 3.

2. Challenge made in this writ petition is to the Minutes of the Meeting of the State Level Committee (SLC) dated 27.11.2015, whereby, the proposal of the petitioner for appointment on compassionate ground has been rejected on the grounds of non-availability of vacancies and the lapse of two years from the date of application. The petitioner has prayed for a direction to the respondent authorities to consider him for appointment against any available vacant post of Grade-IV.

3. The father of the petitioner, Late Rama Kanta Nath, who joined as Surveillance Worker in the Office of the District Malaria Eradication Officer, Nagaon, under the Joint Director of Health Services, Nagaon, on 05.04.1968, died in harness on 22.10.1998 after serving for more than 30 (thirty) years in the Department, leaving behind his wife and five unmarried daughters. The petitioner, being the eldest daughter, was 19 (nineteen) years old at the time of the death of her father.

4. As the family members of the petitioner were facing extreme financial hardship on account of the death of her father, the petitioner immediately submitted an application with all relevant documents before the District Malaria Eradication Officer, Nagaon, on 18.11.1998 praying for appointment on compassionate ground, which was forwarded to the concerned authority and thereafter, to the Deputy Secretary to the Government of Assam, Health and Family Welfare Department on 28.04.1999. Despite repeated recommendations by the Joint Director of Health Services, Nagaon, for appointment of the petitioner on compassionate grounds in terms of the State Policy, no consideration was made. Subsequently, in view of the judgment of this Court passed in Achut Ranjan Das & Ors. vs. State of Assam & Ors., reported in 2006 (IV) GLT 674, the system of consideration of proposals for compassionate appointment by the District Level Committee (DLC) and the State Level Committee (SLC) was introduced. The Joint Director of Health Services, thereafter, resubmitted the case of the petitioner before the DLC and in its meeting held on 13.12.2012, the DLC recommended the proposal of the petitioner to the SLC for approval.

5. When no consideration was made by the SLC, the petitioner filed WP(C) No. 3041/2017. When the matter was taken up, the learned counsel for the State respondents placed the Minutes of the SLC dated 27.11.2015, which reflects that the application of the petitioner for compassionate appointment had been rejected on the grounds that there were no further vacancies and that two years had already elapsed from the date of the application. Under such circumstances, the writ petition was dismissed with liberty to challenge the Minutes of the SLC meeting dated 27.11.2015. Hence, this writ petition.

6. Mr. Sharma, learned counsel for the petitioner submits that at the relevant point of time there were vacancies and the petitioner being eligible for consideration for appointment on compassionate ground had submitted her application within time. It is the respondent authorities who delayed the consideration of her case which resulted in the lapse of two years from the date of application. Therefore, the rejection of the petitioner’s case on the grounds of non-availability of vacan