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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
| Table of Content |
|---|
| 1. petitioner's challenge to memoranda and need for compassionate appointment. (Para 3 , 4 , 5) |
| 2. previous court order affecting current claims for compassionate appointment. (Para 6 , 7 , 11) |
| 3. guidelines on compassionate appointment established by supreme court. (Para 10 , 14) |
| 4. compassionate appointment is not a vested right. (Para 12 , 15) |
| 5. writ petition dismissed based on delays and policy factors. (Para 17) |
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 f
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.
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