Page No.# 1/3 GAHC010153052025 2025:GAU- AS:10537-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WA/226/2025 SAHJAHAN HUSSAIN BARBHUIYA S/O LATE AMINA BEGUM BARBHUIYA, VILL. RONGPUR PT-V, P.O. RONGPUR SOUTH, P.S. LALA, DIST. HAILAKANDI, ASSAM, PIN 788168 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, HEALTH AND FAMILY WELFARE DEPTT., ASSAM, DISPUR, GUWAHATI 781006 2:THE DIRECTOR OF HEALTH SERVICE GOVERNMENT OF ASSAM HENGRABARI GUWAHATI 36 3:THE DISTRICT COMMISSIONER AND CHAIRMAN DISTRICT LEVEL COMMITTEE (DLC) HAILAKANDI P.O. AND DIST. HAILAKANDI ASSAM PIN 788151 4:ADDITIONAL CHIEF MEDICAL AND HEALTH OFFICER HAILAKANDI P.O. AND DIST. HAILAKANDI ASSAM PIN 78815 Advocate for the Petitioner : MR. A H ALAMGIR, MR. A H ALAMGIR Advocate for the Respondent : GA, ASSAM, SC, HEALTH Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 11-08-2025 (M. Zothankhuma, J) Heard Mr. A.R. Bhuyan, learned counsel for the appellant. Also heard Ms. D. Bora, learned counsel for the respondent Nos.1, 2 & 4 and Ms. S. Sarma, learned counsel for the respondent No.3. 2. This appeal has put to challenge the order dated 19.06.2025, passed by the learned Single Judge in WP(C) No.6086/2023, whereby the petitioner’s application for compassionate appellant has been dismissed. 3. The appellant’s case is that his mother died in harness on 05.05.2006, while serving as an Auxiliary Nurse and Midwife (ANM). At that time, the petitioner was 4 years old. The petitioner applied for compassionate appointment 14 years after the death of his mother, i.e., in the year 2020. The petitioner’s application was considered by the District Level Committee, Hailakandi and vide order dated 13.05.2022, kept the proposal pending for consideration due to no vacancy being available in the department as per educational qualification. 4. The petitioner’s counsel submits that the petitioner should be granted compassionate appointment. 5. The learned Single Judge held that compassionate appointment is only to mitigate the immediate hardship caused to the family of the deceased government servant and that there was no government circular permitting a minor to submit a belated application, seeking appointment on compassionate Page No.# 3/3 ground upon attaining majority. The learned Single Judge also held that the facts of the case would go to show that the family members of the deceased government servant were able to sustain themselves for more than 15 years, without any government employment and as such, there was no justification to presume that the element of compassion was still present in the case of the present petitioner. Further, compassionate appointment could not be given after a long period of time. 6. In the case of State of West Bengal Vs. Debabrata Tiwari & Ors., reported in (2025) 5 SCC 712, the Supreme Court has held that in a case of prolonged delay, either on the part of the applicant in claiming compassionate appointment or the authorities in deciding such claim, the sense of immediacy is diluted and lost. Further, the financial circumstances of the family of the deceased, may have changed, for the better, since the time of the death of the government employee. In such circumstances, Courts or other relevant authorities are to be guided by the fact that for such prolonged period of delay, the family of the deceased was able to sustain themselves, most probably by availing gainful employment from some other source. 7. In the present case, the applicant was only 4 years old at the time of his mother’s death and keeping in view the fact that 20 years have elapsed from the said date, we find no ground to interfere with the decision of the learned Single Judge. Accordingly, the appeal stands dismissed. JUDGE JUDGE Comparing Assistant