Clause Restricting Eligibility Based on Remaining Service Period Declared Unconstitutional
In a significant ruling, the Gauhati High Court has declared Clause 1 of Assam's Office Memorandum dated June 1, 2015, unconstitutional. This clause had imposed a restriction on compassionate appointments, limiting eligibility to dependents of deceased government employees who had at least three years of service left at the time of their death. The decision came as a relief to many families who had been denied appointments based on this provision.
The Division Bench, comprising Chief Justice Mr. Ashutosh Kumar and Justice Arun Dev Choudhury, upheld the judgment of a Single Judge from January 30, 2023, which struck down the contentious clause for violating Article 14 of the Indian Constitution. The court found that the classification based on the remaining service period was neither intelligible nor had any rational nexus with the objective of compassionate appointments, which is to alleviate the financial distress faced by families upon the untimely demise of a government employee.
The State of Assam had defended the clause, arguing that it was intended to prevent fraud and misuse and was in line with principles established in previous judgments and policies. However, the court observed that the risk of fraud does not diminish based on the length of remaining service and that the clause was discriminatory and arbitrary.
The court also addressed the issue of delays in processing applications for compassionate appointments, emphasizing that such appointments are meant to address immediate financial crises and are not a vested right. The ruling clarified that applications should be considered based on the policy in place at the time of the employee's death, not superseded policies.
This decision comes as a significant precedent, reinforcing the principle that compassionate appointments should be based on need rather than arbitrary service benchmarks. The court's directive for the authorities to reconsider previously rejected applications brings hope to many families seeking relief through this provision.
Bottom Line:
Office Memorandum imposing a cut-off eligibility for compassionate appointment based on the remaining service period of deceased employee declared unconstitutional for being violative of Article 14 of the Constitution of India.
Statutory provision(s): Article 14 of the Constitution of India
State of Assam v. Dipak Gogoi, (Gauhati)(DB) : Law Finder Doc Id # 2822178
