Page No.# 1/3 GAHC010018082024 2025:GAU- AS:10538-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WA/221/2025 ABIDA PARBIN LASKAR D/O- LATE ABDUL HAKIM LASKAR, VILLAGE- RAJYESWARPUR PT-VII, P.O. KATAWGAON, DIST- HAILAKANDI, ASSAM, PIN-788168. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION (ELEMENTARY) DEPARTMENT, ASSAM, DISPUR, GUWAHATI-781006. 2:THE DIRECTOR OF ASSAM ELEMENTARY EDUCATION DEPARTMENT ASSAM KAHILIPARA GUWAHATI-781019 3:THE DEPUTY COMMISSIONER AND CHAIRMAN DISTRICT LEVEL COMMITTEE(DLC) HAILAKANDI P.O.AND DISTRICT-HAILAKANDI ASSAM PIN788151 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER (DEEO) P.O.AND DISTRICT-HAILAKANDI ASSAM PIN-788151. 5:THE DEPUTY INSPECTOR OF SCHOOLS HAILAKANDI Page No.# 2/3 P.O.AND DISTRICT-HAILAKANDI ASSAM PIN-788151 Advocate for the Petitioner : MR. A H ALAMGIR, MR. A R BHUYAN Advocate for the Respondent : , GA, ASSAM 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. S. Sarma, learned counsel for the respondent No.3. 2. This appeal has appeal has been preferred against the judgment and order dated 15.12.2023 passed by the learned Single Judge in WP(C) No.7238/2023, whereby the prayer of the writ petitioner for compassionate appointment has been dismissed. 3. The case of the appellant is that her father died in harness on 01.06.2007, leaving behind a large family of 6 dependant members, including the appellant, who was a minor at the time of his death. The appellant was 6 years old at the time of her father’s death. The appellant’s mother first applied for compassionate appointment on 20.07.2007. However, without pursuing the application submitted by the appellant’s mother, the appellant thereafter submitted a separate application for compassionate appointment on 18.03.2020. The petitioner being aggrieved with her application not being considered by the authorities filed WP(C) No.7238/2023, seeking compassionate appointment. However, the learned Single Judge dismissed the said application, keeping in Page No.# 3/3 view the decision of the Supreme Court in the case of State of West Bengal Vs. Debabrata Tiwari & Ors., reported in (2025) 5 SCC 712, wherein it was 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. 4. On considering the fact that the appellant was a minor at the time of the death of her father, we are of the view that there cannot be a reservation of a post for compassionate appointment until a minor becomes major. Further, the petitioner has submitted an application for compassionate appointment 13 years after the death of her father. Keeping in view the decision of the Supreme Court in the case of Debabrata Tiwari (supra), we are of the view that the object of compassionate appointment has been diluted/lost in this case. We thus find no ground to interfere with the decision of the learned Single Judge. Accordingly, the appeal stands dismissed. JUDGE JUDGE Comparing Assistant