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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
DEVASHIS BARUAH
Jabad Jaman Mazumder S/o Late Hifzur Rahman Mazumder – Appellant
Versus
State of Assam – Respondent
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 le
Compassionate appointment is not a right and must be pursued immediately; delays undermine eligibility, extinguishing claims for relief.
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 must be made promptly to address financial crises; delays render such claims stale and unmeritorious.
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 appointments are intended for immediate relief, and claims made after significant delays cannot be entertained as the necessary urgency is lost.
Compassionate appointments must be made promptly to address financial crises; significant delays render claims stale and invalid.
Compassionate appointments are not vested rights and cannot be claimed after significant delays, but dependants' immediate financial needs must be prioritized without arbitrary restrictions.
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