Compassionate appointment is not a right and must be pursued immediately; delays undermine eligibility, extinguishing claims for relief.

JUDGMENT :

DEVASHIS BARUAH, J.

1. Heard Mr. A.M. Borbhuiya, the learned counsel appearing on behalf of the Petitioner and Mr. A. Chakraborty, the learned Government Advocate appearing on behalf of the State Government. I have also heard Ms. S. Sarma, the learned Standing counsel appearing on behalf of the Health Department of the Government of Assam.

2. The instant writ petition is taken up for disposal at the motion stage itself.

3. The Petitioner herein has challenged the Office Memorandum dated 18.09.2024 issued by the Commissioner and Secretary to the Government of Assam, Personnel Department and the Executive Order dated 30.08.2025 followed by the notice dated 30.08.2025 issued by the Deputy Secretary, to the Government of Assam, Personnel Department and further has sought for a direction upon the Respondents to consider the claim of the Petitioner for compassionate appointment by taking his documents/particulars on record.

4. The case of the Petitioner herein is that the father of the Petitioner namely one Hifzur Rahman Mazumder (since deceased) while serving as a Surveillance Worker in the Office of the Joint Director of Health Service, Hailakandi died in harness on 12.02.2014 leaving behind his wife, mother, daughter and two sons including the Petitioner. The mother of the Petitioner submitted an application to the Chief Medical and Health Officer, Hailakandi to allow the Petitioner to submit his application when he becomes major. However, there is no document enclosed to that effect.

5. Be that as it may, the Petitioner submitted an application claiming compassionate appointment. The date on which such application was filed have not been mentioned in the writ petition. The District Level Committee in its meeting held on 11.02.2022 observed that though the Petitioner was found eligible for Grade-IV or equivalent post, there was no vacancy for compassionate appointment available at the Office of the Joint Director of Health Service, Hailakandi and the proposal was kept pending for consideration in the next meeting of District Level Committee. Thereupon, the Petitioner pursued his studies and in the year 2025, he did his Bachelor in Arts. It is mentioned in the writ petition that the Petitioner could come to learn that an Office Memorandum dated 18.09.2024 was issued by the Commissioner and Secretary to the Government of Assam, Personnel Department, Dispur thereby abolishing the Scheme of compassionate appointment in the State of Assam in view of the judgment and order dated 03.03.2023 passed by the Supreme Court in the case of State of West Bengal Vs. Debabrata Tiwari and Others , (2025) 5 SCC 712 .

6. The Petitioner also came to learn that there was a challenge to the Office Memorandum dated 18.09.2024 before this Court in various writ petition including WP(C) No.342/2025. Vide an order dated 03.04.2025, it was decided that the official Respondents would reconsider the claims of the compassionate appointment of all the writ petitioners on merits which were pending as on 03.04.2025 before the Court without adhering to the Office Memorandum dated 18.09.2024 and all decisions of the DLC/SLC which were put to challenge as on 03.04.2025 before this Court were set aside by this Court by directing the Respondents to consider/reconsider the claims of compassionate appointment of such writ petitioners by the DLC/SLC afresh in accordance with law.

7. Pursuant to the said order, in the case of another Petitioner which was registered and numbered as WP(C) No.2070/2025, an order was passed on 30.04.2025 directing t