Gau HC | Justice must not only be done, but must be seen to be done; Court directs requisite authority to at least consider application for compassionate appointment irrespective of the delay

Gauhati High Court: Achintya Malla Burjor Barua, J., while allowing a Writ Petition, issues direction to the Director-General of Police (DGP), Assam to consider the application moved for compassionate appointment after the lapse of fifteen years.

Facts

The father of petitioner, who was serving in the Assam Police, died in harness on 11-06-2006. At the time of death, the petitioner was a minor. Therefore, no application for a compassionate appointment could be made. On 20-02-2020, after the lapse of nearly fifteen years, the mother of the petitioner moved an application before the DGP, Assam, stating about the death of her husband on 11-06-2005 and the subsequent challenges faced in raising her family of three children. A statement reflecting her efforts towards the attainment of relief was further made. Upon no response by the concerned authorities, the present Writ Petition was preferred with a prayer that a direction be issued to the respondent authorities to address the grievance of the petitioner-applicant.

Contentions

It was pleaded by the counsel for the petitioner that the requirement of making an application for compassionate appointment was not in place in the year 2005 and the claim of the petitioner, should therefore be calculated not from the year of death but from an appropriate subsequent date.

Respondent argued that the statutory limitation against moving an application for compassionate appointment is one year and given to the fact that the said application falls beyond that, the petition is liable to be rejected.

Decision

While allowing the Writ Petition, the Court directed the respondent authority to at least consider the application made by the petitioner. It further clarified that the said direction is in no manner an obligation for the authority to appoint the petitioner and that the DGP is at liberty to evaluate, examine and decide the claims applying his wise sense of judgment.[Rakesh Deka v. State of Assam, 2020 SCC OnLine Gau 3382, decided on 07-08-2020]

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