Page No.# 1/5 GAHC010232392023 2025:GAU-AS:8308 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6086/2023 SAHJAHAN HUSSAIN BARBHUIYA S/O- LATE AMINA BEGUM BARBHUIYA, VILLAGE - RONGPUR, PART V, P.O- RONGPUR SOUTH, P.S- LALA, DIST- HAILAKANDI, ASSAM, PIN-788163 VERSUS THE STATE OF ASSAM AND 3 ORS. REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HEALTH AND FAMILY WELFARE DEPARTMENT DISPUR, GUWAHATI-781006 2:THE DIRECTOR OF HEALTH SERVICES GOVERNMENT OF ASSAM HENGRABARI GUWAHATI-36 ASSAM 3:THE DEPUTY 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 Page No.# 2/5 ASSAM PIN-78815 Advocate for the Petitioner : MR. A H ALAMGIR, Advocate for the Respondent : SC, HEALTH, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 19-06-2025 None has appeared on behalf of the petitioner. Heard Mr. R. Dhar, learned Senior Government Advocate, appearing for the State respondents. The petitioner, by way of instituting the present writ proceeding, has prayed for a direction upon the respondent State Level Scrutiny Committee (SLSC) authorities for consideration of his case for appointment on compassionate ground. The mother of the petitioner, Late Amina Begum Barbhuiya, died in harness on 05.05.2006, while serving as an Auxiliary Nurse and Midwife (ANM) at Joykrishnapur S/C under Lala PHC in the district of Hailakandi. The Next of Kin certificate brought on record by the petitioner would go to show that in the year 2006 he was aged about 4 years. Accordingly, the petitioner, at the relevant time was not eligible and/or not in a position to submit application seeking appointment on compassionate ground and he had to wait till attaining majority for submitting such application. The material brought on record would further reveal that such application was submitted by the petitioner in the year 2021, or latest by the year 2022. The application so submitted by the petitioner was considered by the jurisdictional District Level Committee (DLC) in its meeting held on 11.02.2022 and, thereafter, also in its extended sitting on 16.03.2022. On scrutiny of the case of the petitioner, he was Page No.# 3/5 found to be eligible for appointment against a Grade-IV post. However, no recommendation could be made in favour of the petitioner for appointment on compassionate ground on account of non-availability of vacancy. Perusal of the pleadings brought on record would go to reveal that the petitioner has not contended that his case was, at any point of time after 16.03.2022, recommended by the jurisdictional DLC for appointment on compassionate ground. Accordingly, the prayer made in the writ petition for issuing direction to the respondents to place his case before the SLSC would not mandate acceptance. Having noticed the above position, this Court has further examined the eligibility of the petitioner for being extended with an appointment on compassionate ground in the facts and circumstances involved in the matter. As noticed hereinabove, the petitioner’s mother died in harness in the year 2006 and at that relevant point of time the petitioner was about 4 years old. Further, the petitioner submitted application for appointment on compassionate ground sometime in the year 2021. The long delay occasioning in submission of the said application would go to show that after the death of his mother, the petitioner and his family members had been able to sustain themselves throughout the years without any of the family members being extended with an appointment on compassionate ground. The very purpose of compassionate appointment being to help the bereaved family members in mitigating the financial hardship faced by them as a result of the sudden loss of the bread earner of the family, in the present case, in view of the long delay occasioning after the passing away of the mother of the petitioner, the claim made by the petitioner has been rendered stale and the requirement for issuance of directions to the respondent authorities to consider his case for appointment on compassionate ground is not called for at this distant point of time. Mr. R. Dhar, learned counsel appearing for the respondents has referred to a decision rendered by the Hon’ble Supreme Court in the case of State of Manipur vs. Page No.# 4/5 Md. Rajaodin, reported in 2003 (7) SCC 511 to submit that there is no circular in the State of Assam permitting a minor to submit application for appointment on compassionate ground upon attaining majority, several years after the death of the Govt. employee. Mr. Dhar further submits that since the purpose of appointment on compassionate ground is to mitigate the immediate financial hardship of the deceased’s family, an application of such nature cannot be considered favourably after such a long years since the demise of the Govt. employee. In the case of Md. Rajaodin (Supra), the Hon’ble Supreme Court has dealt with the above issue. The observations made in paragraph 11 of the judgment would be relevant for the purpose of this case and therefore, is being reproduced herein-below for ready reference:- “11. In Smt. Sushma Gosain and Ors. Vs. Union of India and Ors. [1989 (4) SCC 468] it was observed that in all claims of appointment on compassionate grounds, there should not be any delay in appointment. The purpose of providing appointment on compassionate ground is to mitigate the hardship due to death of the bread-earner in the family. Such appointments should, therefore, be provided immediately to redeem the family in distress. The fact that the ward was a minor at the time of death of his father is no ground, unless the scheme itself envisage specifically otherwise, to state that as and when such minor becomes a major he can be appointed without any time consciousness or limit. The above view was re iterated in Phoolwati (Smt.) Vs. Union of India & Ors. [1991 Supp. (2) SCC 689] and Union of India and Ors. Vs. Bhagwan Singh [1995 (6) SCC 476]. In Director of Education (Secondary) and Anr. Vs. Pushpendra Kumar and Ors. [1998 (5) SCC 192] it was observed that in matter of compassionate appointment there cannot be insistence for a particular post. Out of purely humanitarian consideration and having regard to the fact that unless some source of livelihood is provided the family would not be able to make both ends meet, provisions are made for giving appointment to one of the dependants of the deceased who may be eligible for appointment. Care has, however, to be taken that provision for ground of compassionate employment which is in the nature of an exception to the general provisions does not unduly interfere with the right of those other persons who are eligible for appointment to seek appointment against the post which would have been available, but for the provision enabling appointment being made on compassionate grounds of the dependent of the deceased employee. As it is in the nature of exception to the general provisions it cannot substitute the provision to which it is an exception and thererby nullify the main provision by taking away completely the right conferred by the main provision.” Page No.# 5/5 There is no dispute about the fact that there is no Govt. circular in the State of Assam permitting a minor to submit belated application seeking appointment on compassionate ground upon attaining majority. Rather, the standing Govt. circulars, at the relevant point of time had laid down that such application should be filed in a time bound manner and the same would be considered as expeditiously as possible. It is to be noted that even if the age of the petitioner on the date of filing the original application in the year 2021 is taken into account, even then it is apparent that the petitioner along with his family members had been able to sustain themselves for more than 15 years without any Govt. employment. Therefore, there is no justification for this Court to presume that element of compassion is still present in the case of the writ petitioner. For the aforesaid reasons and in view of the settled position of law that compassionate appointment cannot be granted after long lapse since the date of death of the Government servant, the present petition is held to be devoid of any merit and the same is accordingly dismissed. However, there shall be no order as to costs. JUDGE Comparing Assistant