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IN THE HIGH COURT AT CALCUTTA
RAJASEKHAR MANTHA, AJAY KUMAR GUPTA
Shila Roy (Saha) – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. understanding of familial rights under fps license. (Para 3 , 4 , 5 , 6) |
| 2. clarification on retrospective effect of amendments. (Para 8 , 9 , 10) |
| 3. binding precedents and their implications. (Para 11 , 12 , 13 , 14) |
| 4. statutory interpretations regarding retrospective amendments. (Para 18 , 19 , 20 , 21) |
| 5. new rights created by amendments are prospective. (Para 22 , 23 , 24) |
| 6. upholding the findings of the single bench. (Para 26 , 28 , 29) |
| 7. dependence on fps license highlighted. (Para 30) |
| 8. final dismissal of the appeal. (Para 31 , 32 , 33) |
JUDGMENT :
1. The instant intra court appeal is directed against the order dated 21st March, 2024 passed by a learned Single Judge of this Court in W.P.A. 6337 of 2024.
2. By the impugned judgment, the learned Single Judge of this Court rejected the claim of the writ petitioner for compassionate transfer of license as daughter-in-law of one Bishnu Kumar Roy, an existing FPS licence holder.
3. The facts of the case are that one Bishnu Kumar Roy was an existing FPS licence holder, who died on 4th October, 2015. The legal heirs of the said Bishnu Kumar Roy were Nirod Baran Roy, Aparna Banerjee and Parbati Chatterjee.
4. Upon the death
The amendment to the Control Order of 2013 is prospective, establishing new rights for daughter-in-laws in applications for compassionate transfer, rather than clarifying previous law.
The right to consideration for compassionate appointment is governed by the rules in force on the date of death of the employee in harness, and the change in rules affecting the dependant's candidatu....
(1) Every appointment to a post or service must be made strictly by adhering to mandate of Articles 14 and 16 of Constitution.(2) Appointment on compassionate grounds is not automatic, but subject to....
Consumer forums cannot retroactively apply amendments to pension schemes unless explicitly allowed, upholding the jurisdictional limits in interpreting legislative intent.
Compassionate appointment does not create vested rights; applications are governed by the scheme in effect at the time of consideration, even if this is retrospectively applied.
The main legal point established in the judgment is that the definition of 'family members' in the Control Order, 2013 should be inclusive of the dependents of bachelors/spinsters, especially sibling....
Compassionate appointment rights are not vested; applicants are entitled to consideration under the prevailing scheme at the time their applications are assessed.
Once a decision is taken to which there is no challenge but if aforesaid decision is implemented by an Authority or in a manner against provisions of law or in excess of Authority or jurisdiction ves....
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