Madhurjya Gogoi v. The State of Assam and 3 Ors

ORDER

02.02.2023 Heard Dr. B N Gogoi, learned counsel for the petitioner and Mr. P N Sarma, learned Standing counsel, Department of School (Elementary) Education, Assam for the respondent Nos. 1, 2 & 4. Also heard Ms. D Das Barman, learned Government Advocate, Assam for the respondent No. 3. It is stated by the petitioner that his father, Mohini Anjan Gogoi, an Assistant Teacher at Ghilamara Town High School, District–Lakhimpur died in harness on

31.01.2004 and that he applied for his compassionate appointment as an Assistant Teacher in Lower Primary School within the stipulated time in terms of the Office Memorandum No. ABP50/2006/Pt/182 dated 01.06.2015 of the State Government in the Personnel (B) Department. It is also stated by the petitioner that he is a Graduate and fulfills the requisite eligibility for appointment to the post of Assistant Teacher in Upper Primary/ Lower Primary schools of the district concerned. As the case of the petitioner for his compassionate appointment has not been considered, he approached the authorities concerned. During such approach, he came to know that the Additional Deputy Commissioner, Lakhimpur by communication No. LPE.5/2022/2 dated 07.03.2022 informed all the Heads of the Departments including the District Elementary Education Officer, Lakhimpur, North-Lakhimpur informing that the meeting of the District Level Committee for the purpose of appointment on compassionate ground shall be held after the U.L.B (Urban Local Bodies) Election, 2022 and by the said letter the Additional Deputy Commissioner, Lakhimpur requested the District Elementary Education Officer (DEEO), Lakhimpur to submit the pending Page No.# 3/4 proposals prior to 01.04.2017, if any, along with vacancy positions of Grade III and Grade IV to him within the stipulated time. The petitioner passed his High School Leaving Examination in May, 2007, which reflects his date of birth as 01.05.1991. As such, he was only 12 years 10 months at the time of death of his father. Further, the Next of Kin Certificate issued on 17.02.2004 in favour of the family of said Mohini Anjan Gogoi also reflects that the petitioner was only 13 years old at the time of death of his father. In this regard, the petitioner has placed the decisions of this Court in the cases of Achyut Ranjan Das & Ors -Vs.- State of Assam and Ors; reported in 2006 (4) GLT 674, Faziron Nessa and Ors. -Vs.- State of Assam and Ors; reported in 2010 (4) GLT 340, Ajit Pator & Ors. -Vs-State of Assam and Ors; reported in 2009 (3) GLT 306 and other relevant Office Memorandum of the State Government regarding compassionate appointment. The entire case of the petitioner evolves on the particular letter of the Additional Deputy Commissioner, Lakhimpur dated 07.03.2022, noted above, by which the said authority directed the DEEO, Lakhimpur to submit all the proposals that are pending for consideration for compassionate appointment prior to 01.04.2017 as a meeting of the District Level Committee for compassionate appointment was scheduled immediately after the U.L.B Election, 2022. Though the petitioner stated that he submitted his application for his compassionate appointment under the Die-in-Harness Scheme after the death of his father, who expired on 31.01.2004, but he failed to state as to when he filed his application for his compassionate appointment after the death of his father. The Court in the case of Faziron Nessa (Supra) have fixed the time limit for filing application for compassionate appointment by the dependent of an Government Employee who dies in harness i.e., one year from the date of death of the said Government Employee, which is also reflected in the Office Memorandum dated

01.06.2015. Page No.# 4/4 In the case in hand, the petitioner have failed to place before the Court regarding filing of his said application for compassionate appointment within the said time limit fixed by the Court with regard to consideration of compassionate appointment under the Die-in-Harness Scheme after the death of his father on

31.01.2004, about 19 years back. It is well settled that – the Compassionate Appointment is given as an immediate measure only to get over the death of the bread earner at that point of time and there can not be any vested right on such appointment except that such consideration can only be done as per prevailing policy. After passage of long time, the sense of immediacy gets lost. The very raison d'etre for giving compassionate appointment or compassionate benefit is lost once the immediacy has died down. Once the long time passed by, the compassionate element stands extinguished. A family who could survive for long years would not be entitled to any compassionate benefit since compassionate benefit is not a largesse nor it is a rule in the employment. Accordingly, this writ petition being devoid of merits stands dismissed.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010051462022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:ooWP(C)/4293/2022 MADHURJYAoGOGOI S/OoLATEoMOHINIoANJANoGOGOI oR/OoVILL-MOINAPARAoGAON oP.O.oANDoP.S.-GHILAMARA oDIST-LAKHIMPUR oASSAM oPIN-787053 oVERSUS THEoSTATEoOFoASSAMoANDo3oORS. REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM oELEMENTARYoEDUCATIONoDEPARTMENT oJANATAoBHAWAN oDISPURoGUWAHATI-05 oASSAM 2:THEoDIRECTORoOFoELEMENTARYoEDUCATION oASSAM KAHILIPARA oGUWAHATI-19 o3:THEoDEPUTYoCOMMISSIONER oLAKHIMPUR ASSAM o4:THEoDISTRICToELEMENTARYoEDUCATIONoOFFICER oLAKHIMPUR DIST-LAKHIMPUR oASSAM o------------ oAdvocateoforo:oDR.oBoNoGOGOI Page No.# 2/4 Advocate for : SC ELEM. EDU ppearing for THE TATE OF ASSAM AND 3 ORS. BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK