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ARINDAM LODH
Swinton Jamatia – Appellant
Versus
State of Tripura – Respondent
JUDGMENT
Heard Mr. S. Bhattacharjee, learned counsel appearing for the petitioner. Also Mr. D. Sarma, learned Addl. G.A. appearing for the State-respondents.
[2] The central issues which fall for determination before this Court in this writ petition, firstly, pertain to the interpretation of the compassionate appointment scheme introduced by the Government of Tripura under Notification dated 2nd March, 2019 having its effect given from 21.11.2018, secondly, whether an executive order can be given retrospective effect and thirdly, whether an application for compassionate appointment would be considered in terms of the scheme prevalent on the date of its consideration.
[3] Before I delve into the interpretative process of the above issues, relevant facts of the present case should be arrayed, for convenience:
[3.1] The father of the petitioner, namely, Shyamal Kumar Jamatia while discharging his duties under the State-respondents died in harness on 17.01.2019 leaving behind three survivors, including the petitioner herein. The deceased employee was the only breadwinner of his family. The wife and daughter of the deceased being ineligible for claiming compassionate appointment under the s
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.
Compassionate appointment rights are not vested; applicants are entitled to consideration under the prevailing scheme at the time their applications are assessed.
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....
The main legal point established in the judgment is the need to apply the provisions of the Scheme and the applicable Rules at the time of the claim and its consideration for compassionate appointmen....
(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....
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....
The conflicting views on the applicability of the Scheme for Appointment on Compassionate ground/Payment of Ex-gratia and the need for a definitive interpretation of Clauses 8.1 and 8.2 of the Scheme....
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