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DEVASHIS BARUAH
Sanjay Barman S/o Late Maheswar Barman – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Mr. M.K. Choudhury, the learned counsel appearing on behalf of the petitioners and Mr. B. Kaushik, the learned Standing counsel appearing on behalf of the respondent Nos. 1, 2, 3 and 4.
2. The instant matter has been taken up for disposal at the motion stage itself.
3. In the instant petition, 8 petitioners have joined together seeking a Mandamus thereby directing the respondents to provide pensionary benefits to the petitioners under the Old Pension Scheme.
4. To appreciate the facts involved in the instant proceedings, it would be seen that the father of the petitioners had expired on various dates ranging between 1982 to 2003. The petitioners herein thereupon on the basis of the scheme for compassionate appointment floated by the Government of Assam have filed application seeking compassionate appointment. Though the applications were initially forwarded by the District Level Committee in the case of the petitioners but the State Level Committee for compassionate appointments did not take into consideration the cases of the petitioners for which the petitioners have approached this Court by filing writ petitions.
5. This Court vide an order date
Compassionate appointment is not a vested right and cannot be claimed after significant delays, as it undermines the urgency intended by the provisions for financial distress relief.
Delay in appointment due to departmental inaction justifies treating the petitioner under the Old Pension Scheme, despite the New Pension Scheme coming into effect.
The withdrawal of the compassionate appointment scheme prior to the employee's death means the petitioner is only entitled to benefits under the Compassionate Family Pension Scheme.
Employees appointed before the pension scheme cutoff date may opt for the old pension scheme despite formal appointments occurring later.
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