SC DIRECTS RS.5 LAKH EX-GRATIA EACH FOR 40 INDIVIDUALS WHOSE COMPASSIONATE APPOINTMENTS UNDER ANTI-TERRORISM POLICY WERE CANCELLED:

In a significant ruling, the Supreme Court of India has directed the Assam Government to pay Rs. 5 lakh each to 40 individuals whose compassionate appointments as Lower Division Assistants (LDAs) were terminated. These appointments had been made under a special rehabilitation policy for families affected by terrorism or militancy in the state.

A Bench comprising Justices JK Maheshwari and Vijay Bishnoi modified the earlier judgment of the Gauhati High Court, which had quashed the termination orders and directed reinstatement along with back wages. Considering the substantial time that had elapsed since the appointments and subsequent litigation, the Supreme Court accepted the Assam Government's proposal to provide a one-time monetary settlement in lieu of reinstatement. The Bench directed the State to disburse Rs. 5,00,000 to each of the 40 respondents within two months from the date of the order and to file a compliance report with the Court's Registry.

The individuals in question were appointed in 2001 under a State policy aimed at rehabilitating families of victims of militancy or those who had contributed to countering terrorism, including by facilitating the surrender of militants and their integration into mainstream society. These compassionate appointments were intended to provide livelihood support to such affected families.

Years later, the State Government cancelled these appointments on the technical ground that the appointing authority, the Chief Secretary had not personally approved or signed the recruitment orders. The affected individuals challenged the terminations through writ petitions before the Gauhati High Court.

Both the Single Judge and the Division Bench of the High Court ruled in favour of the appointees, holding that the appointments remained valid despite the absence of the Chief Secretary's personal signature. The courts reasoned that mere procedural irregularity in signing authority could not invalidate otherwise legitimate compassionate appointments made under the special policy.

The State Government appealed to the Supreme Court against the High Court's directive for reinstatement and payment of arrears. During the proceedings, acknowledging the prolonged delay and practical difficulties in reinstating the individuals after such a long period, the Government expressed willingness to settle the matter through monetary compensation instead of job restoration.

Initially, the State proposed Rs. 2.5 lakh per person as ex-gratia payment. However, following further deliberations and directions from the Bench, the Government enhanced the offer to Rs. 5 lakh each, as reflected in an affidavit filed by the Joint Secretary. The Supreme Court found this revised proposal reasonable and equitable in the circumstances, leading to its acceptance as full and final settlement.

By opting for monetary relief over reinstatement, the Court balanced the interests of the affected individuals with administrative realities, ensuring timely compensation while avoiding disruption in government service after decades. The directive provides closure to long-pending litigation while upholding the spirit of the original rehabilitation policy through substantial financial support to the terror-affected families.

This judgment underscores the judiciary's pragmatic approach in resolving disputes involving compassionate appointments, particularly when significant time has lapsed, by facilitating amicable settlements that serve the ends of justice without insisting on strict reinstatement.