Anjan Dutta 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, Indeswar Dutta, an Assistant Teacher at 565 No. Chinai Lower Primary School, District–Lakhimpur died in harness on

01.06.2000 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 has also obtained D.El.Ed and fulfills the requisite eligibility for appointment to the post of Assistant Teacher or any Grade-III/ Grade-IV post 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 proposals prior to 01.04.2017, if any, along with vacancy positions of Grade III and Grade IV to him within the stipulated time. Page No.# 3/4 It is stated by the petitioner that immediately after death of his father he filed his application for compassionate appointment before the Deputy Inspector of Schools, Dhakuakhana, but did not receive any response. Thereafter, since 2003-2014 he continuously approached the Office of the Deputy Inspector of Schools, Dhakuakhana as well as the District Elementary Education Officer, Lakhimpur for consideration of his case for compassionate appointment, but there was no such fruitful result from the side of the official respondents. The petitioner passed his High School Leaving Examination in June, 2000, which reflects his date of birth as 02.02.1985. As such, he was only 15 years 4 months at the time of death of his father. Further, the Next of Kin Certificate issued on 29.06.2000 in favour of the family of said Indeswar Dutta also reflects that the petitioner was only 16 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 01.06.2000, but he failed to state as to when he filed his application for his compassionate appointment after the death of his father. Page No.# 4/4 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. 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 on the death of his father on

01.06.2000, who died twenty two 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

Page No.# 1/4 GAHC010051462022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4492/2022 ANJAN DUTTA S/O LATE INDESWAR DUTTA R/O VILL-DEOLIA GAON P.O. AND P.S.-GHILAMARA DIST-LAKHIPUR ASSAM PIN-787053 VERSUS THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM ELEMENTARY EDUCATION DEPARTMENT JANATA BHAWAN DISPUR GUWAHATI-05 ASSAM 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 3:THE DEPUTY COMMISSIONER LAKHIMPUR ASSAM 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER LAKHIMPUR DIST-LAKHIMPUR ASSAM ------------ Advocate for : DR. B N GOGOI Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM AND 3 ORS. Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK