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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
DEVASHIS BARUAH
Kabir Ahmed Choudhury S/o Late Samir Uddin Choudhury – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Mr. F.A. Laskar, the learned counsel appearing on behalf of the Petitioner and Mr. A. Chakraborty, the learned Government Advocate appearing on behalf of the Respondent No.1 and 2 and Mr. I. Borthakur, the learned Standing counsel appearing on behalf of the Respondent No.3.
2. The Petitioner herein is aggrieved by the actions on the part of the Respondent Authorities in rejecting the claim of the Petitioner for compassionate appointment vide the impugned resolution of the DLC Cachar dated 16.08.2025 and further has sought for a mandamus directing the Respondents Nos. 2 and 3 to place and consider the case of the Petitioner again before the District Level Committee for compassionate appointment in the concerned Department or any other Department as per the OM dated 01.06.2015.
3. The brief facts which led to the filing of the instant petition is that the Petitioner's father Late Samir Uddin Choudhury was a Grade-IV employee in the Office of the Executive Engineer, PHE, Silchar Division No.1, Silchar, Cachar. Unfortunately he expired on 03.03.2017 leaving behind his widow and three sons including the Petitioner. The petitioner applied on 29.05.2017
Compassionate appointment is not a right but an exceptional remedy under Article 16, requiring prompt action and valid circumstances; delays undermine eligibility.
Compassionate appointment is not a right and must be pursued immediately after a financial crisis due to the death of the breadwinner; delays undermine the purpose of such provisions.
Compassionate appointment is a discretionary policy meant to provide immediate support to bereaved families and cannot be claimed as a right after financial crises subside.
Compassionate appointment is a concession granted under exceptional circumstances and cannot be claimed as a matter of right. Equal opportunity in public employment is a constitutional mandate, and c....
Compassionate appointment is not a vested right and cannot be claimed after significant delays, as it undermines the urgency intended by the provisions for financial distress relief.
Compassionate appointment is an exception to the general rule and should be made in accordance with the state's policy and eligibility criteria. It is not a matter of right and is intended to enable ....
Compassionate appointment is an exception and a concession, not an absolute right, and should be provided only to eligible candidates who can establish the genuineness of their claim.
Compassionate appointment is an exception and a concession, not an absolute right, and should be made strictly in accordance with the rules. The purpose of the scheme is to mitigate the circumstances....
Compassionate appointment is a concession and not an absolute right, to be provided within a reasonable period of time from the date of death of the deceased employee, in accordance with the State's ....
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