Panchabala Debbarma v. Director, Social Welfare & Social Education
2022-01-10
S.TALAPATRA
body2022
DigiLaw.ai
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 vacancy arises in the department, for further examination. Such reply is reflected in the communication dated 09.07.2021 [Annexure-7 to the writ petition]. Thus, the respondents have acceded that the petitioner is fit and suitable to be appointed as LDC under the Die-in-Harness Scheme. But for the purported non-availability of vacancy, she could not be appointed. 05. Having observed thus, this court is of the view that when matter relates to the compassionate appointment, someone seeking such appointment should not wait for uncertain time. Hence, the respondents shall create a supernumerary post to accommodate the petitioner and when the regular vacancy would arise, the supernumerary post should be abolished and the petitioner be adjusted then against the regular post. The writ petition is allowed in this conspectus of fact, with the following direction: The respondents shall create a supernumerary post for appointing the petitioner under the Die-in-Harness Scheme and against that post, the petitioner shall be appointed. For the entire exercise, the respondents are given three months time. Within that period, the petitioner shall be appointed in the manner as indicated above inasmuch as the petitioner is suitable to be appointed under the Die-in-Harness Scheme according to the statement made by the respondents in their reply. There shall be no order as to costs.
For the entire exercise, the respondents are given three months time. Within that period, the petitioner shall be appointed in the manner as indicated above inasmuch as the petitioner is suitable to be appointed under the Die-in-Harness Scheme according to the statement made by the respondents in their reply. There shall be no order as to costs. A copy of this order be supplied to Mr. P. Saha, learned counsel appearing for the respondents.