Research › Search › Judgment

Tripura High Court · body

2022 DIGILAW 5 (TRI)

Bijali Biswas v. State of Tripura

2022-01-05

S.TALAPATRA

body2022
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 department shall have to dispose of the cases of Die-in-Harness Scheme where the application is complete in all respects within six months from the date of receipt of the claim/application submitted by the applicant. This clause is the basis for seeking retrospective operation of the contemplated compassionate appointment. 4. Mr. D. Sharma, learned Addl. G.A. appearing for the respondents has produced the communication dated 14.12.2021 made to him by the Director of Elementary Education where it has been stated that the Finance Department by its memorandum dated 20.11.2021 has conveyed approval of the Government for providing appointment to the petitioner under Die-in-Harness Scheme against the vacant post of LDC(Group-C) under UR category in the District Administration, South Tripura under Revenue Department on Fixed pay basis keeping the scale post in abeyance. 5. That apart, Mr. Sharma, learned Addl. G.A. has produced the memorandum dated 20.11.2021 wherefrom it is observed inter alia that as per the government policy, on two occasions, the appointment under the Die-in-Harness Scheme is made. Those appointments are made on 1st January and 1st July of the year. The sanction has been accorded by the Finance Department on 20.11.2021 and as such, the petitioner was entitled to get the appointment on 1st January of this year. But appointment letter has not been issued as yet, as claimed by Mr. P.K. Pal, learned counsel appearing for the petitioner. 6. Mr. The sanction has been accorded by the Finance Department on 20.11.2021 and as such, the petitioner was entitled to get the appointment on 1st January of this year. But appointment letter has not been issued as yet, as claimed by Mr. P.K. Pal, learned counsel appearing for the petitioner. 6. Mr. Pal, learned counsel has conceded to the fact that regarding approval as the petitioner has been apprised by a copy of the communication as made by the Director of Elementary Education to the Secretary, Revenue Department, Government of Tripura. 7. As the matter is substantially resolved between the parties, this Court will not delve deep into the controversy. Since, the appointment is just required to be issued, the writ petition is disposed of with the following direction: The respondents shall issue the appointment letter to the petitioner within a period of seven days from today without fail with appropriate order as to her posting. In terms of the above, this writ petition stands allowed and disposed of. The records as produced by the parties be made part of the case records for future reference. No order as to costs.