Charan Boro v. The State of Assam and 6 Ors

O R D E R

05.02.2024

¶1Heard Mr. MU Mondal, learned counsel for the petitioner. Also heard Mr. JK Goswami, learned Government Advocate, Assam and Mr. B Gogoi, learned standing counsel for the Finance Department.

¶2The father of the petitioner namely Lt. Dhana Ram Das died in harness on 18-11-2004, while he was serving as post of Grade-IV (Mali), in the office of Tourist Information, Barpeta Road under Tourism Department. Being qualified and eligible, the petitioner applied on 04-12-2004 for appointment on compassionate ground and accordingly his name has been recommended by the District Level Committee, Barpeta for appointment as Grade-IV (Mali) on compassionate ground by its minute dated 26-04-2007. But the State Level Committee vide impugned minute dated 19.04.2008 has rejected the case of the petitioner on the ground of lack of vacancy. Thereafter, the petitioner came to know from the Tourist Information Office, Barpeta Road that there are available vacancies of Grade-IV. Having such information, the petitioner on

8.06.2013 filed a representation before the respondent No. 1, but till date no Page No.# 3/3 action has been taken by the respondent authorities. Accordingly, the present writ petition is filed.

¶3Law is by now well settled that the provision of compassionate appointment is an exception to the general recruitment procedure, to address the immediate financial crisis faced by the family of deceased employee. Such scheme cannot be viewed as a source of regular recruitment, rather the object of such scheme is to provide support to the dependant on the death of the employee and resultant financial distress.

¶4It is equally well settled that such application cannot be considered after prolong delay, when the family of the deceased has been able to sustain themselves.

¶5In the case in hand, the father of the petitioner died in harness on

18.11.2004. His case was duly considered by the authorities for compassionate appointment and it was rejected by the State Level Committee on 19.04.2008 for want of vacancies.

¶6The petitioner thereafter filed his representation on 08.06.2015 i.e. after 7 years of such rejection and after 11 years since the death of his father and approached this court in the year 2017.

¶7In view of the aforesaid, this court is of the considered opinion that at this stage, no direction can be issued for any compassionate appointment of the petitioner. Accordingly, this writ petition stands dismissed.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010061432017 ooooooo 2024:GAU-AS:13163 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/8207/2017o CHARANoBOROo S/OoLT.oDHANAoRAMoBOROoR/OoVILL-oBUNMAJAoPAMoNAPARAoP.O.o HOWLYoP.S.oGOBARDHANAoDIST.oBAKSA,oBTAD,oASSAMoPINo-o781316 VERSUSo THEoSTATEoOFoASSAMoando6oORS.o REP.oBYoTHEoCHIEFoSECRETARYo-CUM-CHAIRMAN,oOFoTHEoSTATEoLEVELo COMMITTEEoFORoCOMPASSIONATEoAPPOINTMENT,oASSAM,oDISPUR,o GUWAHATIo-6. 2:THEoCOMMISSIONERoANDoSECRETARYoTOoGOVT.oOFoASSAM oTOURISMoDEPARTMENT oDISPURoGHY-6 3:THEoUNDERoSECRETARYoTOoTHEoGOVT.oOFoASSAM oTOURISMoDEPARTMENT oDISPUR oGHY-6 4:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oASSAM oFINANCEoDEPARTMENT oDISPUR oGHY-6 5:THEoDIRECTORoOFoTOURISM oASSAM oSTATIONoROAD oGHY-01 6:THEoINFORMATIONoOFFICER BARPETAoROAD oDIST-oBARPETA Page No.# 2/3 ASSAM PIN -781315 7:THE DISTRICT LEVEL COMMITTEE REPRESENTED BY THE CHAIRMAN-CUM-DEPUTY COMMISSIONER BARPETA FOR APPOINTMENT ON COMPASSIONATE GROUND DIST-BARPETA ASSAM PIN-781301 Advocate for the Petitioner : MDI H KHAN, MSN NASRIN,MR.M U MONDAL Advocate for the Respondent : , GA, ASSAM(R1-3, 5-7),SC, FINANCE(R4) BEFORE THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY