Compassionate appointment rights are not vested; applicants are entitled to consideration under the prevailing scheme at the time their applications are assessed.

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, both the matters are taken up together for disposal by a common judgment.

4. Factual background of the cases are as under:

Facts in WA No.228 of 2021

Sukha Gour, who was an employee in Group-D in the GA(P & T) Department in the Civil Secretariat, Government of Tripura died on 18.01.2019 at the age of 52 while he was in service. He was survived by his wife Radhamani Gour, two daughters namely Padmabati Gour and Kamalabati Gour (petitioner) and son Subrata Gour. Among them, Padmabati Gour was married and son Subrata Gour was a minor and wife Radhamani Gour was ineligible to apply for job on compassionate ground. Therefore, Kamalabati Gour (petitioner) submitted an application to the Under Secretary, GA(SA) Department in the Civil Secretariat on 21.09.2019 seeking appointment on compassionate ground under the die-in- harness scheme of the State Government. Her application was received in the department on the same day under the seal of the department. Along with her application, she also provided the required particulars of her candidature in a prescribed proforma (Annexure-1 to the writ petition). Under communication No.F.1(13)-GA(SA)/Estt./2015(P)/9111 dated 01.07.2020, the Under Secretary to the GA (SA) Department informed her that since her father expired after attaining the age of 50, her case would be dealt with under the revised policy and she would be entitled to a 'special pension' under the revised die-in-harness policy and no other benefit would be available to her.

5. Aggrieved thereby, Kamalabati Gour filed WP(C) No.502 of 2020 seeking a direction to the State respondents (appellants herein) to consider her case for compassionate appointment under the die-in-harness scheme on the following grounds:

(i) As an eligible dependent family member of her deceased father Sukha Gour, she was entitled to compassionate appointment under die-in-harness scheme which was formulated under notification No.F.1(2)-GA(P&T)/15 dated 26.12.2015 (Annexure-6 to the writ petition).

(ii) The said notification was in force when her father died in-harness on 18.01.2019.

(iii) As an eligible dependent family member of her father, she acquired a vested right to apply for compassionate appointment under die-in- harness scheme and accordingly she applied for such appointment within one year of the death of her father.

(iv) Notification No.F1(1)-GA(P&T)/18 dated 02.03.2019, whereby the State Government revised the die-in-harness scheme of 2015 with retrospective effect would not apply to her case because the said notification was issued after the death of her father and by giving retrospective effect to the said notification, the State Government cannot deny her right to compassionate appointment which has been acquired by her under the notification of 2015.

6. In their counter affi