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INDRAJIT MAHANTY, S. G. CHATTOPADHYAY
State of Tripura – Appellant
Versus
Kamalabati Gour – Respondent
JUDGMENT
S.G. Chattopadhyay, J. - The instant writ appeal arises from the judgment and order dated 08.03.2021 passed by the learned Single Judge in WP(C) No.502 of 2020 whereby the learned Single Judge directed the appellants (respondents in the writ petition) to consider the case of respondent Kamalabati Gour [petitioner in WP(C) No.502 of 2020] for compassionate appointment under die-in-harness scheme within a period of three months from the date of the judgment.
2. In WP(C) No.686 of 2020, another learned Single Judge of this Court while dwelling on the same issue in similar factual context had taken a different view and referred the matter to the Chief Justice to constitute appropriate bench for resolving the conflicting views. In WP(C) No.686 of 2020, the learned Single Judge has observed as under:
'[37] However, since I have taken a different view of the matter than that of the view of my learned brother Judge of this Court in the case of Kamalabati Gour (supra) on the same subject in issue, I refer the matter to Hon'ble the Chief Justice of the High Court of Tripura requesting him for reconciliation of the conflicting views by constituting an appropriate Bench.'
3. Therefore, bo
Compassionate appointment rights are not vested; applicants are entitled to consideration under the prevailing scheme at the time their applications are assessed.
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.
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 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 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.
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....
(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....
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