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IN THE HIGH COURT AT CALCUTTA
SAUGATA BHATTACHARYYA
GRSE Limited Workmen’s Union – Appellant
Versus
Garden Reach Shipbuilders & Engineers Limited – Respondent
JUDGMENT :
Saugata Bhattacharyya, J.
1. In terms of the order dated 25th February, 2025 passed by the Hon’ble Supreme Court in Civil Appeal No. 3243 of 2025 ( Garden Reach Shipbuilders and Engineers Limited vs. GRSE Limited Workmen’s Union and Ors. ) Hon’ble Chief Justice of Calcutta High Court vide order dated 20th March, 2025 directed the matter to be placed before me for deciding the writ petition being WPA 13605 of 2016 (GRSE Limited Workmen’s Union and Ors. vs. Garden Reach Shipbuilders & Engineers Limited &Ors.). In terms of the order dated 25th February, 2025, Hon’ble Supreme Court requested the Hon’ble Chief Justice of High Court at Calcutta to assign the writ petition to an appropriate bench for its consideration and disposal at an early date, preferably within six months from the date of passing order by the Hon’ble Supreme Court. Hence on revival of writ petition being WPA 13605 of 2016 and after assigning the matter to me same has been heard at length in presence of learned advocates representing the parties on several dates.
2. There are 51 petitioners seeking appointment under death in harness category due to demise of Group-IV employees working in Garden Reach Shipbuild
The court affirmed the appointments under the death in harness category, recognizing applicants in a frozen panel while mandating financial assessment procedures.
The duty of the respondent authorities to interpret and apply the die-in-harness scheme correctly, consider compassionate appointments in a timely manner, and obey court orders.
Compassionate appointment is not a right; eligibility depends on immediate financial need, procedural compliance, and previous claims exhaust opportunities for other dependants.
Compassionate appointment rights are not vested; applicants are entitled to consideration under the prevailing scheme at the time their applications are assessed.
The compassionate appointment under the Die-in-Harness Scheme requires strict adherence to age and application timelines, negating claims based on delays beyond stipulated periods.
The main legal point established in the judgment is the application of OM dtd. 1/6/2015 in compassionate appointment cases, specifically the time limit for considering pending applications and the im....
Compassionate appointments must address financial crises timely, with rules in effect at the time of application guiding decisions; administrative delays cannot negate this entitlement.
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