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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
DEVASHIS BARUAH
Bacchu Das S/o Late Nakul Chandra Das – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Mr. B. Purkayastha, the learned counsel appearing on behalf of the petitioner. Ms. M. Bhattacharjee, the learned counsel appears on behalf of the respondent Nos. 1 to 5.
2. The petitioner herein is aggrieved by the impugned Minutes dated 16.08.2022 passed by the State Level Committee whereby the claim of the petitioner had been rejected.
3. This Court has duly perused Minutes of the State Level Committee Meeting for appointment on compassionate basis held on 16.08.2022 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 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 that this Court vide the judgment and order dated 30.01.2023 passed in WP(C) No.1646/2021 struck down the Clause 1 of the Office Memorandum dated 01.06.2015. The learned counsel further submitted that the said judgment was challenged before the learned Division Bench of this Court by the State of Assam. The learned Division Bench of t
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 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 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 appointments are exceptions to standard recruitment rules and must be sought immediately to address financial distress; undue delays can render claims stale.
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 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 appointment is not a vested right and should be provided immediately to redeem the family in distress. Delay in seeking compassionate appointment and changed financial circumstances may....
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.
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