The Gauhati High Court disposed of a writ petition challenging the authorities inaction on a compassionate ground appointment application filed by a minor son of a deceased FCI employee. The Court held the application ought to be considered.
Respondents directed to consider the petitioners application and communicate decision within 08 weeks.
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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GAHC010039092018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case : WP(C)/1226/2018
BIPUL TERANG S/O. LT. MANBI TERANG R/O. NARBAM LAKHI MANDIR PATH P.O. BELTOLA P.S. BASISTHA GUWAHATI-28.
VERSUS UNION OF INDIA AND 3 ORS. REP. BY THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF FOOD AND CIVIL SUPPLIES NEW DELHI-110001
2:FOOD CORPORATION OF INDIA REP. BY THE CHAIRMAN/ MANAGING DIRECTOR 16-20 BARAKHAMBA LANE NEW DELHI-110001 3:THE GENERAL MANAGER FCI ZONAL OFFICE (NE)/ D.O. AT ULUBARI GUWAHATI-7. 4:THE AREA MANAGER FCI ZONAL OFFICE (NE)/ D.O. AT ULUBARI GUWAHATI-7 -----------Advocate for : MR. B K BHATTACHARJEE Advocate for : ASSTT.S.G.I. appearing for UNION OF INDIA AND 3 ORS.
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BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 05-06-2023
Heard Mr. R. Sarma, learned counsel for the writ petitioner. Also heard Mr. H. Gupta, learned CGC who has appeared on behalf of all the respondents.
The father of the petitioner, who was working as an Ancillary Labour in the storage depot of the Food Corporation of India (FCI), Ulubari at Guwahati, had died-in-harness on 12-09-2021. At the time of death of his father, the writ petitioner was a minor. On attaining majority, the petitioner had submitted an application seeking appointment on compassionate ground which was forwarded by the Area Manager on 18-04-2015 along with the application submitted by two other aspirants of the same category. The grievance of the petitioner is that no action has been taken on the said representation/ application submitted by the writ petitioner, till today. Hence, this writ petition.
Mr. Gupta has raised serious objection as to the maintainability of the writ petition by contending that since the father of the petitioner had expired on 12-09-2001, the question of appointment of the writ petitioner on compassionate ground in the year 2023 would not arise in the eyes of law. According to the learned counsel, this writ petition is hit by delay and laches.
It is no doubt correct that the scheme for compassionate appointment is framed so as to give immediate relief to the family members of the deceased employee which had lost the sole bread earner. Therefore, this is not a scheme under which employment can be claimed as a matter of right. However, since the writ petitioner had submitted an
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application seeking appointment on compassionate ground, the same ought to have been considered and disposed of by the authorities by giving proper reason, which process has apparently not been completed in the present case.
In view of the above, without expressing any opinion on the merit of the claim of the petitioner, this writ petition stands disposed of by providing that within 08 weeks from today, the respondents may consider the application submitted by the petitioner and communicate their decision to him in the matter.
With the above observations, this writ petition stands disposed of.
JUDGE
GS
Comparing Assistant
3 issues framed by the court
Whether the writ petition challenging inaction on a compassionate ground appointment application submitted years after the father's death is maintainable or hit by delay and laches.
Whether the authorities were bound to consider and dispose of the petitioners application by giving proper reasons for inaction.
What course of action the respondents must take regarding the petitioners pending compassionate appointment application.
Bipul Terang
Union of India
Secretary to the Govt. of India, Ministry of Food and Civil Supplies
Food Corporation of India
The General Manager FCI Zonal Office
The Area Manager FCI Zonal Office
Suman Shyam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
