IN THE HIGH COURT OF MANIPUR AT IMPHAL
AHANTHEM BIMOL SINGH
Thoudam Raghumani Singh – Appellant
Versus
State of Manipur – Respondent
JUDGMENT :
AHANTHEM BIMOL SINGH, J.
[1] Heard Ms. Rinika Maibam, learned counsel appearing for the petitioner and Mrs. L. Monomala, learned GA appearing for the respondents.
The present writ petition has been filed challenging the order dated 29-03-2019 issued by the Principal Secretary (H&SC), Government of Manipur, rejecting the claim of the petitioner for his appointment under the Die-in-Harness Scheme and also with a prayer for directing the respondents to re-consider his case for appointment to any Grade – III or IV post commensurate with his educational qualification under the Die-in-Harness Scheme in the Horticulture and Soil Conservation Department, Government of Manipur.
[2] The brief facts of the case are that the petitioner’s father, viz., Shri Late Th. Amutomba Singh expired on 21-05-2003 while serving as a regular SCO in the Horticulture & Soil Conservation Department, Government of Manipur. Upon such demise of the petitioner’s father, an application dated 19-07-2023 was submitted by the petitioner’s mother, who is the wife of the deceased Government employee, to the Director of Horticulture and Soil Conservation, Manipur, requesting for appointment of her daughter, Km. T
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.
A writ petition for appointment under the Die-in-harness scheme is infructuous if the petitioner does not challenge the prior rejection communicated to them.
The court directed that applicants under the Die-in-Harness Scheme be allowed to resubmit applications and have their cases considered in accordance with a new Office Memorandum, ensuring fairness an....
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 authority has a duty to consider and pass orders on representations submitted to prevent prejudice to the concerned party.
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 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 compassionate appointment under the Die-in-Harness Scheme requires strict adherence to age and application timelines, negating claims based on delays beyond stipulated periods.
The court affirmed the appointments under the death in harness category, recognizing applicants in a frozen panel while mandating financial assessment procedures.
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