RABIN ROUTH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) BREADWINNERS' Scheme, also known as Compassionate appointment has formed an important facet of the Judicial field. In its ever widening horizon, perhaps, the last word like Article 21 of the Constitution of india , is yet to be said.

(2.) ENRICHED with several pronouncements of the Apex Court, the Law in this regard has been more or less fructified to the following extent :-On the death of the breadwinner, Compassionate Appointment, which is de horse the normal Rule of appointment, is provided to tide over the sudden economic crisis and to ensure that the family of the deceased employee is not exposed to penury. For this purpose, it is also be ascertained that the terminal benefits received by the members of the family are sufficient to tide over this crisis and the family is otherwise, able to support itself,

(3.) IN such trajectory we have been invited to look into the Order dated 16/01/2009 passed by the learned West Bengal Administrative Tribunal in o. A. No. 8876 of 2008 in exercise of our power of Judicial Review wherein the prayer for Compassionate Appointment made by the petitioner stood refused.