Writ petition seeking compassionate appointment after father's death-in-harness in Assam Police Battalion was dismissed on grounds of inordinate delay of over 11 years, relying on the Supreme Court's ruling that delayed claims lose immediacy and compassionate appointment is not a vested right.
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GAHC010041572024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1195/2024
DILWAR HUSSAIN S/O- LATE NK ABDUL BARIK, R/O- VILL- GUARIGRAM, P.O.- BHANGA BAZAR, P.S.- BADARPUR, DIST.- KARIMGANJ, ASSAM.
VERSUS
THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HOME AND POLITICAL DEPARTMENT, DISPUR, GHY-06.
THE CHIEF SECRETARY TO THE GOVT. OF ASSAM
DISPUR
GUWAHATI-06.
THE DISTRICT COMMISSIONER
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NALBARI
DIST.- NALBARI ASSAM PIN- 781335. 5:THE SUPERINTENDENT OF POLICE NALBARI ASSAM DIST. NALBARI ASSAM PIN- 781335. 6:THE COMMANDANT 14TH ASSAM POLICE BATTALION DAULASAL NALBARI ASSAM PIN- 781312
Advocate for the Petitioner : MR. M KHAN
Advocate for the Respondent : GA, ASSAM
BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 08.05.2024
Heard Mr. M. Khan, learned counsel for the petitioner. Also heard Mr. R. Dhar, learned Additional Senior Govt. Advocate for the respondents.
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DLC meeting.
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“7.4. As noted above, the sine qua non for entertaining a claim for compassionate appointment is that the family of the deceased employee would be unable to make two ends meet without one of the dependants of the deceased employee being employed on compassionate grounds. The financial condition of the family of the deceased, at the time of the death of the deceased, is the primary consideration that ought to guide the authorities’ decision in the matter.
7.5. Considering the second question referred to above, in the first instance, regarding whether applications for compassionate appointment could be considered after a delay of several years, we are of the view that, in a case where, for reasons of prolonged delay, either on the part of the applicant in claiming compassionate appointment or the authorities in deciding such claim, the sense of immediacy is diluted and lost. Further, the financial circumstances of the family of the deceased, may have changed, for the better, since the time of the death of the government employee. In such circumstances, Courts or other relevant authorities are to be guided by the fact that for such prolonged period of delay, the family of the deceased was able to sustain themselves, most probably by availing gainful employment from some other source. Granting compassionate appointment in such a case, as noted by this Court in Hakim Singh would amount to treating a claim for compassionate appointment as though it were a matter of inheritance based on a line of succession which is contrary to the Constitution. Since compassionate appointment is not a vested right and the same is relative to the financial condition and hardship faced by the dependents of the deceased government employee as a consequence of his death, a claim for compassionate appointment may not be entertained after lapse of a considerable period of time since the death of the government employee.”
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the fact remains that the petitioner has approached this Court after more than 11 years from the date when his father had expired.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner's claim for compassionate appointment, made more than 11 years after his father's death-in-harness, could be entertained despite alleged delay by the authorities.
Colour shows how this judgement treated each authority
State of West Bengal v. Debabrata TiwariRelied on¶6
State of West Bengal Vs. Debabrata Tiwari, AIR 2023 SC 1467 : (2023) 0 Supreme (SC) 191 · Who else cites this
1 provisions across 1 enactments
Dilwar Hussain
The State of Assam represented by the Commissioner and Secretary to the Government of Assam, Home and Political Department
The State Level Committee for Compassionate Appointment represented by its Chairman
The Chief Secretary to the Govt. of Assam
The Director General of Police Assam
The District Level Committee represented by its Chairman, the District Commissioner, Nalbari
Kalyan Rai Surana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
