Petitioner challenged rejection of his application for compassionate appointment due to an eight-year delay after his father's death. The court held survival for eight years negated immediate financial crisis and dismissed the writ. However, petitioner may still seek compassionate family pension.
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GAHC010033902023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/991/2023
BABUL DAS
S/O LATE GAJEN DAS, VILL-CHANDMARI, P.O.-LILABARI, P.S.-NORTH LAKHIMPUR, DIST-LAKHIMPUR, PIN-787051
VERSUS
THE STATE OF ASSAM AND 5 ORS.
REPRESENTED BY THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF FOREST FORCE, GOVERNMENT OF ASSAM, ARANYA BHAWAN, PANJABARI, GUWAHATI-37
2:THE CHIEF CONSERVATOR OF FOREST (SOCIAL FORESTRY) ARANYA BHAWAN PANJABARI GUWAHATI-37
3:THE CONSERVATOR OF FOREST NORTH ASSAM CIRCLE TEZPUR ASSAM PIN-
4:DIVISIONAL FOREST OFFICER LAKHIMPUR NORTH LAKHIMPUR DIVISION JAPISAJIA NORTH LAKHIMPUR PIN-787053
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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 DEPARTMENT ASSAM DISPUR GUWAHATI-
Advocate for the Petitioner : MR. M K NEOG
Advocate for the Respondent : SC, FOREST
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 died-in-harness on 18-09-2000. On 11-02-2010, the petitioner had submitted an application for appointment on compassionate ground. Petitioner’s application was rejected by the DLC in its meeting held on 12-11-2020. Hence, this writ petition seeking a writ of mandamus to re-consider his case.
The DLC had rejected the application of the petitioner on the ground of delay, by taking note of the fact that the application was filed after 08 years of his father’s death. It
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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 the death of the sole bread earner of the family. Since the petitioner could survive for more than 08 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 view of the DLC which had rejected the petitioner’s application on the ground of delay. 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 from 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
1 issue framed by the court
Whether rejection of application for compassionate appointment based on eight-year delay after father's death is legally sustainable.
1 provisions across 1 enactments
Babul Das
The State of Assam
Principal Chief Conservator of Forest
Chief Conservator of Forest (Social Forestry)
Conservator of Forest North Assam Circle
Divisional Forest Officer Lakhimpur
Suman Shyam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
