Bipul Chandra Dutta v. Assam State Electricity Board
1996-07-15
J.N.SARMA
body1996
DigiLaw.ai
This is an application for appointment on compassionate ground. The father of the petitioner late Tankeswar Dutta died on 14.1.90 and as such the petitioner seeks appointment on compassionate ground. 2.1 have heard Sri C. Baruah, Advocate for the petitioner and Sri N.N. Saikia, Advocate for the respondents. 3. Sri Baruah submits that there is no other employee in the family of the petitioner and he is the eldest in the family. It is further submitted that the economic condition of the petitioner is pitiable and for not getting of the appointment on compassionate ground they are facing starvation. It is also submitted that there is no delay in filing the application for appointment on compassionate ground inasmuch as the petitioner was earlier appointed, but thereafter on 14.4.91 his appointment was not renewed. It is settled law that if an appointment on compassionate ground is made, such an appointee cannot be thrown out from the employment without fulfilling the purpose for which such an appointment on compassionate ground was made. An appointment on compassionate ground may be cancelled only when in the meantime the purpose/ object of appointment on compassionate ground is fulfilled meaning thereby the economic condition of the family otherwise becomes viable for some reason or other. But that cancellation in extreme cases must be by following due process of law. In the instant case that is not the position. The employment of the petitioner was not renewed as if providing succour for a short period is sufficient to meet' the purpose of appointment on compassionate ground. 4. Accordingly, this writ application is allowed with the direction that the petitioner shall be given appointment on compassionate ground within three months from the date of receipt of this order by considering the following things: (i) whether there is any other employee in the family of the petitioner? (ii) the economic condition of the family of the petitioner, (iii) by taking into consideration the cases of the other similarly situated persons. 5. Sri Saikia submits that all the appointments have been stopped from 1991. But as the petitioner once was appointed in the year 1990. So, the question of termination of that appointment does not arise.
(ii) the economic condition of the family of the petitioner, (iii) by taking into consideration the cases of the other similarly situated persons. 5. Sri Saikia submits that all the appointments have been stopped from 1991. But as the petitioner once was appointed in the year 1990. So, the question of termination of that appointment does not arise. Sri Saikia produces before me a list showing the claims made by different persons to be appointed on compassionate ground, As indicated above, the case of the petitioners to be scrutinised according to their seniority and hardship faced by each of them.