- (1.)This batch of writ petitions pertains to the claim of the Petitioners for appointment on compassionate ground. While in some of the cases, the prayer is for consideration of the cases of the Petitioners as per the prevalent scheme, in other cases, the Petitioners have assailed the legality and validity of the rejection of their prayers for such appointment. The issue being one and the same, which is the extent of right of the Petitioners for appointment on compassionate ground and the validity and otherwise of rej section of their prayers for compassionate appointment, and as agreed to by the learned Counsel for the parties, all the writ petitions have been heard together and are being disposed of by this common judgment and order.
(2.)This Court in Achyut Ranjan Das v. State of Assam, 2006 4 GauLT 674 has already laid down certain guidelines towards consideration of the cases for compassionate appointment. The State Government has adopted the said guidelines and the cases for compassionate appointment are being considered on that basis. In Achyut Ranjan Das (supra), the court upon noticing the principles governing compassionate appointment, has laid down the following guidelines on the basis of which claims relating to compassionate appointment are required to be considered. The said principles as enumerated in paragraph 7 of the judgment are reproduced below:
I) All pending applications against existing and available vacancies as per the quota earmarked including the cases of the Petitioners in the present cases and all Ors. , who may not be before the Court, shall be decided in accordance with the proposed directions to be laid down in the present order and also in accordance with the principles noted in the preceding paragraphs of this order. This will be done within a period of 4 (four) months from today. The present direction naturally has to be considered as a one-time measure in view of the subsequent direction as laid down in the succeeding paragraphs.

II) The District Head of each Department will intimate the vacancies as and when such vacancies occur, to the Court Appointed District Level Committees for its scrutiny. There will be no delay in such intimation.

III) The District Level Committee will be constituted by the Deputy Commissioner of the District and the Superintendent of Police. The Deputy Commissioner himself will sit in the Committee. The District Head(s) of such departments in which vacancies are available shall be co-opted as the Additional Members of the Committee.

IV) The District Level Committee will meet once every 2 (two) months on the last Saturday of the second month.

V) The District Level Committee will decide as to who amongst the eligible candidates is entitled to compassionate appointment. To the extent possible such appointments will be recommended to be made within the District. In making the recommendations for appointments, the District Level Committee will take into account the financial condition of the family of the deceased and on a relative consideration of the cases will make its recommendation. There will be no selection and "seniority of the claim" will not be resorted to unless two or more eligible candidates are at par.

VI) To decide on the question of financial status of the family of a claimant regard will be had to the following factors as laid down in B.M. v. Kunti Tiwari (Supra)

a) Gratuity amount received/receivable.

b) Family pension payable.

c) Provident Fund Amount received/receivable.

d) Any ex-gratia payment made or payable.

e) Proceeds of LIC Policy and other investments of the deceased.

f) Income of the family from other sources.

g) Employment of other family members.

h) Size of the family and liabilities, if any.

VII) The recommendations of the District Level Committee will be considered by a State Level Committee consisting of the Chief Secretary and the Senior Financial Commissioner of the State. The Commissioner and Secretary of the Department(s) in which vacancies are available will be co-opted as Additional Members of the State Level Committee.

VIII) The State Level Committee will meet once every 3 (three) months.

IX) All vacancies available against the quota of compassionate appointment must be filled up within a period of 6 (six) months from the date of occurrence of the vacancy in accordance with the present directions.

X) If the applications of eligible candidates remain pending and cannot be considered due to want of vacancies for a period of 2 (two) years from the date of making such applications, all such applications will require no further consideration and must be understood to have spent their force.

(3.)In paragraph 8 of the Judgment, it has been observed thus:
Before parting with the record, this Court would like to observe that in the present group of cases the bulk of the claims pertains to non-consideration of claims made/applications filed for compassionate appointment. All such cases will naturally be governed by the directions contained in the present order. Few of the cases under consideration pertain to complaints with regard to rejection of the claims made or appointment of persons, who, the Petitioners/claimants contend do not have a better for appointment. There are also some claimants whose appointments have been approved by the State Government but appointment orders have not been forthcoming.

Who has a better right for appointment and whether a particular claim has been rightly rejected can be gone into by the Court only if there is a reasoned order setting out the relevant facts, a practice that seems to have become a thing of the past. However, as appointment of one person in preference to Anr. will not have the effect of abrogating the claim of the candidate passed over in view of the present Direction No. I which would now require the State to consider all pending claims afresh all the contentious questions raised need not be gone into. In so far as claims which have been approved by the State Government but appointment orders have not been forthcoming, the direction to re-examine all such claims and, thereafter, issue appointments orders in accordance with the laid down principles, will adequately take care of all such grievances.