BIJALI BISWAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) 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 dtd. 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.