Gauhati High Court asks Dispur to Clarify on Compassionate Appointment

Staff Reporter

GUWAHATI: The bench of Justice Manash Ranjan Pathak of the Gauhati High Court has asked the Personnel (B) Department of the Assam government to clarify its stand on the impugned office memorandum issued on September 18, 2024, on the issue of compassionate appointments.

The writ petition (WP-C5067/2024) relates to compassionate appointment under the die-in-harness scheme of the state government. It is contended by the petitioners that the District Level Committee (DLC) for compassionate appointment, Barpeta, in its meeting held on February 7, 2024, recommended the petitioners for their appointment on compassionate ground against different posts, and by a communication on March 4, 2024, the Additional District Commissioner, Barpeta, forwarded the proposals to the State Level Committee (SLC) for compassionate appointment for consideration of their cases by it as per the norms. While the matter was pending for consideration before the said SLC, the State Government in the Personnel (B) department, through an office memorandum (ABP.104/2024/90) on September 18, 2024, following the decision of the Supreme Court taken on March 3, 2023, passed in the case of State of West Bengal Vs. Debabrata Tiwari and Others, where the apex court held that "a claim for compassionate appointment may not be entertained after lapse of considerable period of time, since the death of the government employee", specified that cases of appointment on compassionate ground to the family member of the State Government employees, who died in harness or retired pre-maturely on being declared permanently in-capacitated for service, or missing, and whose whereabouts is not known prior to March 31, 2017, shall not be entertained by any administrative department/ authority for any reason, whatsoever, and shall not be placed before SLCs/DLCs, for recommendation of candidates for appointment on compassionate ground. The apex court clarified that the cases of employees who die/died in harness after March 31, 2017, have been taken care of by way of a compassionate family pension scheme in lieu of compassionate appointment" through an office memorandum issued on September 14, 2017.

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