The absence of a provision for compassionate appointment in the society's bye-laws and the lack of evidence of the adoption of a compassionate appointment scheme by the society led to the dismissal of the prayer for compassionate appointment.

JUDGMENT AND ORDER :

Heard Mr. K Nath, learned counsel for the petitioners as well as Ms AS Lodh, learned Addl. GA for the respondent Nos. 1, 2 & 3. Despite due notice from this Court, none appears for the respondent No.4.

2. By means of this petition, the petitioners have urged this Court to appoint the petitioner No.2, under the die-in-harness scheme, in the post of Manager, on account of death of Babul Kanti Roy, who held the post of Manager till his death on 14.06.2004. The petitioner No.1 is the wife of the said deceased employee of Moharcherra Primary Agricultural Cooperative Society (PACS) Ltd., whereas the petitioner No.2 is her daughter.

3. Having been confronted by this Court, Mr. Nath, learned counsel has fairly submitted that in the bye-laws of the said Society there is no provision for die-in-harness appointment. But he has made reference to the letter dated 16.11.2004 issued by the Assistant Registrar, Cooperative Societies, Khowai, West Tripura addressed to the Registrar, Cooperative Societies, Government of Tripura, Agartala insisting for appointment of the petitioner No.2 as Manager of Moharcherra PACS Ltd.

4. Mr. Nath has also referred to another communication dated 22.12.2004 by the Registrar of Cooperative Societies, Tripura to the Assistant Registrar, Cooperative Societies, Khowai asking him to advise the President of said PACS to examine the prayer for appointment of the petitioner No.2 to the said post of Manager.

5. Ms Lodh, learned Addl. GA for the respondent Nos. 1 to 3 has categorically stated that the PACS are not the government bodies but they are separate entities created under the Tripura Cooperative Societies Act, 1974. Further, Ms Lodh has contended that there is no record to show that ever the said PACS had adopted a scheme like die-in-harness scheme for making compassionate appointment and thus, the prayer made in this writ petition is squarely unsustainable.

6. This Court does not have any disagreement with the submission of Ms Lodh, learned Addl. GA and hence, the prayer for compassionate appointment of the petitioner No.2 stands dismissed. However, Mr. Nath, learned counsel has submitted that the respondent No.4 has not paid the outstanding salary for several months to the tune of Rs.1,10,250/- as would be evident from the disclosure made under Section 6 of the RTI Act by the State Public Information Officer [Assistant Registrar of Cooperative Societies, Khowai Sub-Division] on 13.04.2014 (see Annexure-P/7 to the writ petition).

7. Be that as it may, the Registrar of Cooperative Societies, respondent No.2, is directed to verify whether on account of the unpaid salaries of the deceased employee, a sum of Rs.1,10,250/- is liable to be paid by the respondent No.4 or not. If on such verification, it is found that on account of the unpaid salaries of the deceased employee, a sum of Rs.1,10,250/- or any part thereof is liable to be paid, he shall take all actions against the said Cooperative Society so that the said PACS pay the said sum to the petitioners within a specific time-frame. The Registrar of Cooperative Societies may also consider the payment of the said amount with interest. The Registrar, Cooperative Societies shall further take necessary action to expedite the matter.

In view of this order, the writ petition is disposed of. There shall be no order as to costs.

A copy of this order be furnished to Ms. Lodh, learned Addl. GA for onward transmission.

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