The High Court dismissed a writ petition seeking compassionate appointment for the petitioner, who was the son of a deceased Forest Guard. The Court held that the delay of five years in applying demonstrates the petitioner had sufficient means to survive, rejecting the claim as it cannot be treated as a matter of right.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010036232023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1005/2023
KHAGEN BARMAN
S/O- LT. TARUN CHANDRA BARMAN, VILL- DAKHIN KULABALI, P.O. KULABALI, P.S. BOGINADI, DIST.- LAKHIMPUR, PIN- 787032
VERSUS
THE STATE OF ASSAM AND 5 ORS.
REP. BY THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF FOREST FORCE, GOVT. OF ASSAM, ARANYA BHAWAN, PANJABARI, GHY37
2:THE CHIEF CONSERVATOR OF FOREST (SOCIAL FORESTY) ARANYA BHAWAN PANJABARI GHY-37
3:THE CONSERVATOR OF FOREST NORTHERN ASSAM CIRCLE TEZPUR ASSAM PIN-
4:DIVISIONAL FOREST OFFICER LAKHIMPUR NORTH LAKHIMPUR DIVISION JAISAJIA NORTH LAKHIMPUR PIN- 787053
5:THE DY. COMMISSIONER CUM CHAIRMAN OF DISTRICT LEVEL COMMITTEE
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FOR COMPASSIONATE APPOINTMENT LAKHIMPUR DIST.- LAKHIMPUR ASSAM 787001
6:THE CHIEF SECRETARY ASSAM CUM CHAIRMAN OF STATE LEVEL COMMITTEE FOR CONSIDERATION OF APPOINTMENT ON COMPASSIONATE GROUND UNDER PUBLIC HEALTH ENGINEERING DEPTT. ASSAM DISPUR GHY-
Advocate for the Petitioner : MR. M K NEOG Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 10-03-2023
Heard Mr. M.K. Neog, learned counsel for the writ petitioners. Also heard Mr. R.R.
Gogoi, learned standing counsel, Forest Department, Assam appearing for the respondent Nos. 1 to 4 and Mr. D. Bora, learned Govt. Advocate, Assam appearing on behalf of respondent Nos. 5 and 6.
The petitioner’s father who was serving as Forest Guard under the DFO, Lakhimpur Division, died-in-harness on 24-01-2010 leaving behind his wife, three daughters and a son, i.e. the petitioner. After the death of the father of the petitioner, his mother had applied for appointment on compassionate ground which was not considered by the SLC. Consequently, on 13-02-2015, the petitioner had submitted an application for appointment on compassionate ground, which was considered by the DLC only on 12-112020 and the same was also rejected on the ground that the petitioner had applied after
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lapse of 05 years of his father’s death. Hence, this writ petition seeking a writ of mandamus to consider his case.
The DLC had rejected the application of the petitioner on the ground of delay, the same having been filed after 05 years of his father’s death. It is well established principle applicable in case of appointment on compassionate ground that appointments under the scheme of die-in-harness cannot be claimed as a matter of right but the same is a compassionate relief provided to the family of the deceased so as to tide over immediate financial crisis arising out of the death of the sole bread earner of the family. Since the petitioner in this case could survive for more than 05 years after his father’s death, it cannot be said that he did not have any means to survive after the death of his father. Under the circumstances, I do not find any ground to disagree with the ground on which the DLC had rejected the petitioner’s application. As such, this writ petition is held to be without any merit and the same is accordingly, dismissed.
However, notwithstanding this order, it will be open for the petitioner to seek any other benefit before the State Government including payment of compassionate family pension, if he comes within the ambit of the scheme framed by the State Govt. on that behalf.
Writ petition stands closed.
JUDGE
GS
Comparing Assistant
2 issues framed by the court
Whether the petitioner is entitled to appointment on compassionate ground despite a delay of five years after the death of his father.
Whether the ground of delay vouches against the petitioner's claim for compassionate appointment.
Khagen Barman
State of Assam
Suman Shyam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
