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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
DEVASHIS BARUAH
Fahmida Sabina Aktar Barbhuiya D/o Late Nizam Uddin Barbhuiya – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. background on petitioner's claim and family. (Para 2 , 5) |
| 2. legal basis for petitioner's application rejection. (Para 3) |
| 3. analysis of compassionate appointment principles. (Para 4 , 6 , 7) |
| 4. court's dismissal of the writ petition. (Para 8) |
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Mr. R.A. Mazumder, the learned counsel appearing on behalf of the petitioner. Mr. R. Dhar, the learned counsel appears on behalf of the respondent Nos.1 to 5.
2. The petitioner herein is aggrieved by the impugned Minutes dated 11.02.2022 and the extended sitting held on 16.03.2022 whereby the District Level Committee rejected the claim of the petitioner for appointment on compassionate ground.
3. This Court has duly perused Minutes of the District Level Committee Meeting for appointment on compassionate basis held on 11.02.2022 and 16.03.2022 which is impugned in the instant proceedings and the reason why the petitioner's application was rejected was that the petitioner's father had less than three years balance service at the time of his death which is in terms with paragraph No.1 of the Office Memorandum dated 01.06.2015.
4. The learned counsel appearing on behalf of the petitioner submitted
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 not a right but an exceptional remedy under Article 16, requiring prompt action and valid circumstances; delays undermine eligibility.
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 not a right and can only be granted under exceptional circumstances, as per the legal provisions and principles discussed by the court.
Compassionate appointment is intended to provide immediate succor to a bereaved family, and any delay dilutes the sense of immediacy and may lead to the loss of the opportunity for compassionate appo....
Compassionate appointments must be applied for within one year of the employee's death; delays undermine the claim's validity and significance.
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 a concession and not a right, and should be strictly implemented in accordance with the prevailing rules and parameters.
Compassionate appointments are not vested rights and must be considered promptly to address immediate financial crises; significant delays undermine this purpose.
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