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2017 DIGILAW 1176 (GAU)

Malay Kumar Das v. State of Assam

2017-08-25

A.K.GOSWAMI

body2017
JUDGMENT : 1. Heard Mr. A. Hussain, learned counsel appearing for the writ petitioner. Also heard Mr. T.C. Chutia, learned State counsel, appearing for the respondents. 2. The petitioner, who is presently 42 years of age, has filed this writ application seeking direction to the respondent No. 4, i.e., District Level Committee, Dhubri, to consider his case for compassionate appointment. 3. The petitioner's father, namely, Sudhir Chandra Das, died-in-hamess on 26.10.1999 while serving as a Tahsil Guard at Agomoni Tahsil under the Establishment of the Deputy Commissioner, Dhubri. It appears that a letter dated 29.1.2000 was issued by the Deputy Commissioner, Dhubri, to the Secretary to the Government of Assam, General Administration (B) Department, in connection with appointment of the petitioner on compassionate ground. After ten years, the petitioner is purported to have filed an application to the Secretary to the Government of Assam, General Administration (B) Department, praying for compassionate appointment. There is no acknowledgement of the said letter. Thereafter, after a lapse of seven years, an approach is made to this court by filing the instant writ application for compassionate appointment. 4. The rule of appointment to public service is that it should be on merits and through open invitation. Articles 14 and 16 of the Constitution mandate that all eligible candidates should be considered for appointment in the posts which have fallen vacant. It is normally the channel through which one can get public employment. However, as every rule can have exceptions, there are few exceptions to the said rule, which had been curved out to address and meet certain contingencies. Appointment on compassionate ground to one dependent of a deceased Government servant is one of the said exceptions. Compassionate appointment must be in consonance with the Constitutional Scheme enshrined in articles 14 and 16 of the Constitution of India. Appointment on compassionate ground offered to a dependent of a deceased Government employee is a concession and not a right. When an appointment is made on compassionate ground, it should be kept confined to the purpose it seeks to achieve. The said exception is curved out with a view to ensure that the family of the deceased employee, who has died-in-hamess, does not become destitute. The object is to give succour to the family, which faced crisis because of the death of the bread earner. The said exception is curved out with a view to ensure that the family of the deceased employee, who has died-in-hamess, does not become destitute. The object is to give succour to the family, which faced crisis because of the death of the bread earner. Appointment on compassionate ground to provide ameliorating relief is not an alternative mode of recruitment to public employment. 5. Eighteen years have gone by since the date of death of the father of the petitioner. The petitioner, even if had any rights to have his application considered in due time, he has slept over his rights for all of these eighteen years. Having regard to the purpose compassionate appointment seeks to achieve, I am of the considered opinion that it is not a fit case to invoke extraordinary jurisdiction under article 226 of the Constitution of India in favour of the petitioner to direct the respondents to consider his case for compassionate appointment. 6. Accordingly, the writ petition is dismissed. No cost.