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S. TALAPATRA
Panchabala Debbarma – Appellant
Versus
Director, Social Welfare & Social Education – Respondent
JUDGMENT
Heard Mr. K. Datta, learned counsel appearing for the petitioner as well as Mr. P. Saha, learned counsel appearing for the respondents.
02. The petitioner had approached the respondents for compassionate appointment under Die-in-Harness Scheme for death of her mother namely Mangal Chari Debbarma who had passed away on 02.07.2018 in harness while serving as the School Mother under the respondents.
03. The respondents by filing the reply on 08.12.2021 has categorically admitted the eligibility of the petitioner in the following terms:
'The petitioner has passed H.S.(+2) stage and aged about to 25 years. The instant matter is covered by the Notification of GA(P&T) Department, subjecting Die-in-harness scheme vide No.F.1(2)- GA(P&T)/15 dated 26.12.2015.'
04. It has been also asserted in the reply that the related inquiry and verification of the documents including the documents relating to the educational qualification has been done. But as there is no vacant post, the petitioner could not be appointed as Lower Division Clerk. The matter was sent to the Finance Department for their views and concurrence. The Finance Department has requested the department to send the proposal after
Compassionate appointments must be resolved promptly, necessitating the creation of supernumerary posts when regular vacancies are unavailable.
The court enforced the prompt issuance of a compassionate appointment under the Die-in-Harness Scheme, emphasizing compliance with government timelines for appointments.
The die-in-harness scheme aims to provide immediate employment and settlement to the family of the deceased government employee, and eligibility criteria should be considered in a timely manner.
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 matter - Dying-in-Harness - Compassionate ground - Appointment - The appointment on compassionate ground is not a temporary appointment but same has to be treated as permanent appointment.
The principle of res-judicata bars re-litigation of issues already decided, affirming the petitioner's entitlement to appointment under the Die-in-Harness Scheme despite previous rejections.
The authority has a duty to consider and pass orders on representations submitted to prevent prejudice to the concerned party.
The right to compassionate appointment under the dying-in-harness scheme is not absolute and must be claimed in a timely manner, reflecting the immediate needs of the deceased's dependents.
Compassionate appointments are not vested rights and must be considered promptly to address immediate financial crises; significant delays undermine this purpose.
Compassionate appointment should be provided immediately to mitigate the hardship due to the death of the bread earner in the family, and it must be relative to the financial condition and hardship f....
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