GAUHATI HIGH COURT ISSUES ORDER FOR SABIR HASSAN V/S THE STATE OF ASSAM AND 4 ORS

GUWAHATI, India, Oct. 2 -- Gauhati High Court issued the following order on Sept. 2:

1. Heard Ms. A. Gayan, learned counsel for the petitioner; Mr. A. Phukan, learned Standing Counsel, General Administrative Department [GAD] for the respondent no. 1; and Mr. C.K.S. Baruah, learned Junior Government Advocate, Assam for the respondent nos. 2 & 3.

2. The petitioner has approached this Court by the instant writ petition seeking a direction to the respondent authorities to consider his case for compassionate appointment under the scheme framed by the State Government.

3. The case projected by the petitioner, in brief, is that, the father of the petitioner, Fuat Hussain was an employee under the Public Works Department [PWD], Government of Assam and he died-in-harness on 11.12.2014 while serving in the post of Peon in the Office of the Executive Engineer, PWD, Guwahati AACP Division, Ganesguri, Guwahati. At the time of his death, he left behind his wife, one son [the petitioner] and two daughters. The petitioner was born on 07.01.1988 and he studied upto Class-X. The petitioner has stated that his father was the only bread earner in the family and at the sudden demise of his father, the family started facing financial constraints.

4. After the death of his father on 11.12.2014, the petitioner submitted an application before the respondent no. 5 on 13.03.2015 seeking his appointment on compassionate grounds in any Grade-III Post. The application was duly received by the respondent no. 5 and the same was also forwarded thereafter, to the Office of the respondent no. 4 along with the supporting documents on 27.03.2015. When no communication was received from the respondent authorities as regards consideration of the case of the petitioner, the petitioner made queries at the offices of the respondent no. 4 and the respondent no. 5. The petitioner came to know that the respondent no. 4 returned back the proposal to the respondent no. 5 in July, 2015 requesting the respondent no. 5 to re-submit the proposal with proper format and other relevant documents [Death Certificate, Application Form, Qualification Certificate, etc.]. When no further communication was received by the petitioner since then, the petitioner has preferred the instant writ petition seeking the direction, mentioned above.

5. Ms. Gayan, learned counsel for the petitioner has fairly submitted that she has not received any up-to-date instructions and no response has been filed by any of the respondent authorities.

6. Mr. Baruah, learned State Counsel has submitted that he has also not received any upto-date instructions in the matter.

7. The purpose behind providing appointment on compassionate ground is to mitigate the hardship caused due to the death of the bread earner in the family. The policy of the State Government for compassionate appointment is to provide an employment immediately to redeem the family in distress. The object of granting compassionate appointment is to enable the family of a deceased Government employee to tide over the sudden crisis by providing a gainful employment to one of the dependents of the deceased who is eligible for such employment. The law is settled that appointment on compassionate ground is given only for meeting the immediate unexpected hardship which is faced by the family by reason of the death of the bread earner.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=7yg5D%2FmJmLJFbv9l4Wl3vcJi5%2Bva123v%2B5%2F1gzLRhK9jiwJf1OWAD8p7WSdX9J59&caseno=WP(C)/3244/2016&cCode=1&cino=GAHC010112582016&state_code=6&appFlag=)

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