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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
ASHUTOSH KUMAR, ARUN DEV CHOUDHURY
State of Assam, Represented by the Chief Secretary to the Government of Assam – Appellant
Versus
Dipak Gogoi, Son of Late Labu Rram Gogoi – Respondent
JUDGMENT :
Ashutosh Kumar, CJ.
In these set of writ appeals, the State has challenged the judgment of the learned Single Judge dated 30.01.2023 passed in analogous writ petitions, the lead case being WP(C) No.1646/2021, striking down Clause 1 of the Office Memorandum dated 01.06.2015, which imposed an eligibility cut-off for compassionate appointment, namely, that the dependants of a deceased Government employee who died in harness, would not be entitled to compassionate appointment if the deceased Government employee had less than 3(three) years of service remaining at the time of his death.
2. The offending Clause 1 of the Office Memorandum dated 01.06.2015 is being extracted herein below:-
“(1) Only one dependent family member of a Government servant appointed on regular basis - excluding one working on daily wage or casual or apprentice or ad-hoc or contract or re-employment basis - who die in harness or become incapacitated due to accidents suffered while on duty and is eligible to opt for invalid pension under relevant provision of Service Rule/Pension Code and/or who is missing is eligible for making application for compassionate appointment provided in each case the Government
Compassionate appointments are not vested rights and cannot be claimed after significant delays, but dependants' immediate financial needs must be prioritized without arbitrary restrictions.
Compassionate appointments are intended for immediate relief, and claims made after significant delays cannot be entertained as the necessary urgency is lost.
Compassionate appointment is an exception and not a matter of right, and should be considered within a specific time frame as per the prevailing policy at the time of consideration.
Compassionate appointments are not vested rights and must be claimed promptly; significant delays can negate the claim as the immediate financial crisis must be addressed at the time of the deceased'....
Compassionate appointments are not rights and must be addressed immediately; delays can render claims void due to the absence of financial crisis.
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 rende....
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