Petitioner sought compassionate appointment after his father died in service. Court held the petition barred by delay as scheme withdrawn in 2017 and no pursuit after 2009.
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GAHC010005802022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/346/2022
NAWAZ SARIF S/O- LATE JAINUR TALUKDAR (EX ASI OF POLICE), VILL- SIMALIYA, P.O- MULAR KUCHI, P.S-BELSOR, DIST- NALBARI, PIN- 781303
VERSUS
THE STATE OF ASSAM AND 3 ORS REP BY THE SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF HOME, DISPUR, GUWAHATI-06
2:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI-07
3:THE SUPERINTENDENT OF POLICE KAMRUP AMINGAON GUWAHATI- 781031
4:THE DEPUTY COMMISSIONER KAMRUP AMINGAON GUWAHATI- 78103
Advocate for the Petitioner : MR. A ROSHID
Advocate for the Respondent : GA, ASSAM
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BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 05/06/2023
Heard Mr. A. Roshid, learned counsel for the writ petitioner. Also heard Mr. D. Bora, learned Government Advocate, Assam, appearing for the respondent nos. 1 to 4.
The case of the petitioner is that his father late Jaynur Talukdar was serving as an ASI under the Assam Police. He died in harness on 30/05/2009. After the petitioner had passed his Bachelor Degree and Certificate course in computer, the petitioner’s mother had submitted an application on 08/06/2009 before the authorities seeking appointment of her son on compassionate ground. However, no action has been taken on the said application. Hence, this writ petition.
Mr. D. Bora, learned Government Advocate, Assam, submits that the application having been admittedly submitted on 08/06/2009 i.e. nearly 13 years back, the same is barred by delay and hence, no relief can be granted to the petitioner in this case.
It has been time and again observed by this Court, in several earlier orders, that the purpose of framing the “Died in harness” scheme is to provide immediate relief to the family members of a deceased Government employee after the death of the sole bread earner. The scheme of compassionate appointment, therefore, does not confer any indefeasible right upon an individual to seek employment but the same is a manifestation of the welfare measure of the State so as to provide immediate relief to the surviving family members of the deceased Government servant.
In the present case, the application seeking compassionate appointment was submitted way back on 08/06/2009 but he has not properly pursued the matter thereafter. The petitioner had survived all these years without a Government job. Moreover, the scheme for appointment on
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compassionate ground had also been withdrawn by the State Government with effect from 01/04/2017. As such, as on date there is no such scheme for compassionate appointment in force. Situated thus, this Court finds sufficient force in the submission of Mr. Bora that the case of the petitioner is barred by delay and laches. As such, no relief can be granted to him in this writ petition.
In view of the above, this writ petition is held to be devoid of any merit and the same is accordingly dismissed.
JUDGE
sukhamay
Comparing Assistant
1 issue framed by the court
Whether the writ petition seeking compassionate appointment is barred by delay and laches given the scheme was withdrawn and no action was taken for over 13 years.
Nawaz Sarif S/o- Late Jainur Talukdar
The State of Assam
The Director General of Police Assam
The Superintendent of Police Kamrup
The Deputy Commissioner Kamrup
Suman Shyam
Sukhamay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
