Compassionate appointment claims are contingent on urgency; significant delays may render applications stale and unjustified, nullifying the relief sought.

JUDGMENT :

N. UNNI KRISHNAN NAIR, J.

1. Heard Mr. B. Chetri, learned counsel for the petitioner. Also heard Ms. D.S. Neog, learned standing counsel, Irrigation Department, Assam appearing for the respondent Nos. 1, 3 & 5 and Mr. R. Dhar, learned Addl. Sr. Govt. Advocate, Assam representing respondent Nos. 2 & 4.

2. The petitioner by way of instituting the present proceeding has prayed for a direction upon the respondent authorities, more particularly, the State Level Committee (SLC), to consider the case of the petitioner for appointment on compassionate grounds by reckoning the proposal submitted in this connection by the jurisdictional District Level Committee (DLC).

3. The father of the petitioner Suresh Kumar while serving as Gr-IV employee in the establishment of the Executive Engineer, Mangaldai Division (Irrigation) had died-in- harness on 20-02-2017. The petitioner proximate to the time of demise of his submitted an application, complete in all respect, for consideration of his case for appointment on compassionate ground. The application submitted by the petitioner not being considered, the petitioner had approached this Court by way of instituting a writ petition being W.P.(C) No. 4135/2021. The said writ petition was disposed of by this Court vide order dated 07- 09-2022 with a direction to the respondent authorities to consider the case of the petitioner against any Gr-IV post in terms of the provision of Office Memorandum dated 01-06-2015. The case of the petitioner, accordingly, was placed before the jurisdictional DLC and the said Committee in its meeting held on 10-10-2022, considered the application of the petitioner and forwarded the same to the Government for further necessary approval. The case of the petitioner was thereafter placed before the SLC in its meeting held on 26-06-2023. However, in absence of any vacancy being available, the case of the petitioner was not favourably recommended by the SLC, in its meeting held on 26-06-2023 and the departmental authorities were required to ascertain availability of suitable vacancy according to the qualification of the petitioner and to place the matter before the SLC. It is at this juncture that the respondent authorities had issued a notification dated 18-09-2024 by which the scheme for appointment on compassionate grounds in respect of State Government employee who had died-in-harness prior to 31- 03-2017 was withdrawn. The said development had, however, taken place after filing of the present writ petition which was so instituted on 29-04-2024. Being aggrieved by non-consideration of his case, the petitioner has instituted the present writ petition.

4. Mr. Chetri, learned counsel for the petitioner by reiterating the facts noticed, hereinabove, has submitted that there being no proper consideration of the case of the petitioner for appointment on compassionate grounds and his case being only kept pending on account of absence of due vacancies for the purpose of his such appointments, vacancies being now available, Mr. Chetri submits that appropriate directions are required to be issued to the respondent authorities to give a due and proper consideration to the case of the petitioner, herein, for appointment on compassionate grounds. Mr. Chetri submits that although the father of the petitioner had died-in-harness on 20-02-2017, the delay occasioning in the matter in appointing the petitioner on compassionate grounds cannot be considered in view of the fact that the petitioner was not given a due and proper consideration of his case for appointment on compassionate grounds. Mr. Chetri submits that the OM dated 18-09-2024