GUWAHATI, India, March 1 -- Gauhati High Court issued the following order on Jan. 29:

1. Heard Mr. S. Hoque, the learned counsel appearing on behalf of the petitioner. Mr. R. Dhar, the learned Government Advocate appears on behalf of the respondent Nos. 1, 2, 3, 4, 6, 7 and 8 and Mr. B.C. Muchahary, the learned Standing Counsel appears on behalf of the respondent No. 5.

2. The petitioner herein is aggrieved by the impugned Minutes dated 23.02.2018 passed by the District Level Committee whereby the claim of the petitioner had been rejected.

3. This Court has duly perused the Minutes of the District Level Committee Meeting for appointment on compassionate basis held on 23.02.2018 which is impugned in the instant proceedings and the reason for rejection of the petitioner's application was that the petitioner submitted the application after a gap of 9 (nine) years from the date of death of his father, and as per the Office Memorandum dated 01.06.2015, the application was a delayed application.

4. This Court has duly taken note of the materials on record and from the materials on record it is seen that the petitioner's father expired on 02.03.2008 leaving behind his wife and 2 (two) sons, including the petitioner.

5. The law is well settled as regards the compassionate appointment. It is no longer res integra that compassionate appointment is not a source of recruitment. The appointment on compassionate basis is made on the basis of a policy of the State to provide immediate succour to the bereaved family upon the death of the sole bread earner of the family. Therefore, appointment on compassionate basis being an exception to Article 16 of the Constitution of India, it has to be strictly in terms with the mandate of the policy of the Government. It is also well settled that such policy of the Government to grant appointment on compassionate basis does not confer any right. In this regard, this Court finds it pertinent to take note of the judgment of the Supreme Court in the case of State of West Bengal Vs. Debabrata Tiwari reported in (2025) 5 SCC 712 wherein the various parameters have been duly laid down. Paragraph Nos. 32 and 33 of the said judgment being relevant are reproduced herein under:

"32. On consideration of the aforesaid decisions of this Court, the following principles emerge: 32.1. That a provision for compassionate appointment makes a departure from the general provisions providing for appointment to a post by following a particular procedure of recruitment. Since such a provision enables appointment being made without following the said procedure, it is in the nature of an exception to the general provisions and must be resorted to only in order to achieve the stated objectives i.e. to enable the family of the deceased to get over the sudden financial crisis.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x1JmKVY7q3rvxKK3hjg6GDkWrniuXuPIW6%2BcwtzzHyGK&caseno=WP(C)/5031/2025&cCode=1&cino=GAHC010192332025&state_code=6&appFlag=)

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