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AKIL KURESHI, S. G. CHATTOPADHYAY
Mintu Reang – Appellant
Versus
State of Tripura – Respondent
JUDGMENT
Akil Kureshi; CJ.:--
This Appeal is filed by the original petitioner to challenge the judgment of the learned Single Judge dated 13.02.2019 in W.P. (C) No.717 of 2018.
2. Brief facts are as under:
The father of the petitioner was employed as a Pump Operator in the PWD department of the Government of Tripura. While in service, he died on 07.03.2009. At the time of the death of his father, the petitioner was below 17 years of age. His date of birth being 10.12.1992, he crossed the age of 18 years on 10.12.2010. On 21.08.2012, the petitioner applied to the Government for appointment on compassionate grounds. On 01.04.2013, the department conveyed to the petitioner that he cannot be offered compassionate appointment. However, he may apply for financial assistance under the Scheme framed by the Government. It seems that the petitioner pursued with his application for compassionate appointment which was eventually rejected by a formal communication dated 07.06.2017 issued by the Deputy Secretary, PWD. In this communication, it was stated as under:
“As per policy of the Government for employment under Die-in-harness Scheme, your application was duly considered, but finally, it was not
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.
when the application for compassionate appointment was taken up for consideration by the respondent - Corporation, the norms prevailing on the date of consideration of application would be basis for ....
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.
Service Law - Die-in-harness Scheme - Compassionate appointment - Scheme requires authority concerned to educate family of deceased Government servant of his rights under scheme. Instead of perusing ....
Compassionate appointments must be made promptly following a breadwinner's death; delayed applications undermine their purpose.
The main legal point established in the judgment is that the scheme prevalent at the time of the death of the employee shall be the basis for considering the application for compassionate appointment....
Compassionate appointments must adhere to strict timelines and cannot be claimed as a right, emphasizing the need for timely applications to address immediate financial crises.
Grant of compassionate appointment - Purpose of compassionate grounds appointments to tide over sudden crisis resulting from death of earner in a family. However reservation of a vacancy to enable su....
Point of Law : As more than 30 years have passed since the father of the petitioner/appellant had expired, neither there is any useful purpose to issue any positive direction, nor the facts of the ca....
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