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S. TALAPATRA
Bijali Biswas – Appellant
Versus
State of Tripura – Respondent
| Table of Content |
|---|
| 1. court's directive to issue appointment letter. (Para 1 , 6 , 7) |
| 2. petitioner's request for compassionate appointment. (Para 2) |
| 3. arguments regarding the process and timing of appointment. (Para 3 , 4 , 5) |
JUDGMENT
S. Talapatra, J. - Heard Mr. P.K. Pal, learned counsel appearing for the petitioner as well as Mr. D. Sharma, learned Addl. G.A. appearing for the respondents.
2. By means of this writ petition, the petitioner has urged this Court for directing the respondents for giving her the compassionate appointment in the appropriate post under the Die-in-Harness Scheme with retrospective effect from the day on expiry of six months from the date of the application for compassionate appointment along with other consequential benefits.
3. Mr. P.K. Pal, learned counsel appearing for the petitioner has submitted that in the notification dated 26.12.2015 [the amended procedure for appointment under Die-in-Harness Scheme] it has been provided that application for compassionate appointment under Die-in-Harness Scheme be made within one year from the date of death of the government servant. It has been further provided in Clause-10 of the said notification that the respective
The court enforced the prompt issuance of a compassionate appointment under the Die-in-Harness Scheme, emphasizing compliance with government timelines for appointments.
Compassionate appointments must be resolved promptly, necessitating the creation of supernumerary posts when regular vacancies are unavailable.
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 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.
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.
Point of law: In the case of appointment considering the social and economic justice as enshrined in the constitution, denials of deserving cases are liable to be set aside. Further, the purpose of p....
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.
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