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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI
Sanjib Kumar Deuri S/o Late Joy Kumar Deuri – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. background of the review application (Para 1 , 2 , 3) |
| 2. understanding compassionate appointment principles (Para 4 , 14) |
| 3. court's observations on review powers and counsel change (Para 6 , 12 , 16) |
| 4. arguments regarding condonation of delay (Para 9 , 10 , 11) |
| 5. dismissal of the review petition and order (Para 18) |
JUDGMENT :
SANJAY KUMAR MEDHI, J.
1. The instant application for review has been filed qua a judgment and order dated 28.08.2024 passed by this Court in WP(C)/4254/2024. Since there has been a substantial delay in presenting the application for review, the accompanying I.A.(Civil)/1944/2025 has been filed for condonation of delay.
2. For better understanding of the issue involved, a brief background of the case may be stated.
3. The writ petition WP(C)/4254/2024 was filed with a prayer for appointment on compassionate ground. It was projected that the father of the writ petitioner was working as a Grade-IV employee in the Assam Secretariat and had died on 01.04.2014. The petitioner had made an application for appointment on compassionate ground which was stated to be considered by the State Level Committee on 18.05.2016 and thereafter, the matter was forward
Compassionate appointment claims must be made promptly after the employee's death, as excessive delays negate entitlement due to changes in financial circumstances, establishing that such appointment....
Compassionate appointments are not vested rights and must be considered promptly to address immediate financial crises; delays diminish the urgency of such claims.
Compassionate appointment claims must be pursued without undue delay, as significant lags undermine the objective of immediate relief for bereaved families.
Compassionate appointment is intended for immediate relief in case of death of a breadwinner, and applications must be timely; delays undermine claims for such appointments.
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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