IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
DEVASHIS BARUAH
Siddhartha Narayan Deb S/o Late Kumar Karna Narayan Deb – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Mr. D.P. Borah, the learned counsel appearing on behalf of the Petitioners in both the writ petitions and Ms. M.M. Kataki, the learned Standing counsel appearing on behalf of the Respondents in both the writ petitions.
2. The petitioners herein have approached this Court seeking directions upon the Respondent Authorities for consideration of their case for appointment on compassionate grounds upon the death of their respective fathers who died in harness.
3. This Court finds it pertinent to briefly note down the facts in each case.
WP(C) No.2180/2023:
4. The Petitioner herein as on date is about 42 years old. His father who was serving as a Peon, Grade-IV in the Office of the District Animal Husbandry and Veterinary Officer, Bongaigaon expired on 11.07.2013 leaving behind the Petitioner, his mother, one younger brother and three sisters. It is stated at Paragraph No.6 of the writ petition that the Petitioner submitted an application in the year 2013 itself in the prescribed format praying for appointment on compassionate grounds. However, the said application is not enclosed. It is also claimed by the Petitioner that the District Level Committee ha
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 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 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 an exception to the general rule and should be made in accordance with the state's policy and eligibility criteria. It is not a matter of right and is intended to enable ....
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 right but an exceptional remedy under Article 16, requiring prompt action and valid circumstances; delays undermine eligibility.
Compassionate appointment is not a right and must be pursued immediately; delays undermine eligibility, extinguishing claims for relief.
Point of Law : compassionate appointment is not a matter of right, but must be governed by the terms on which the State lays down the policy of offering employment assistance to a member of the famil....
Compassionate appointment is not a source of recruitment and cannot be claimed or offered after a lapse of time. The financial condition of the family at the time of the employee's death is a primary....
Compassionate appointments must be made promptly to address financial crises; significant delays render claims stale and invalid.
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