Are you looking for a legal research tool ?
Get Started
Do check other products like LIBIL, a legal due diligence tool to get a litigation check report and Case Management tool to monitor and collaborate on cases.

Shri Chandan Kumar Mandal v. Union Of India & Ors

Shri Chandan Kumar Mandal v. Union Of India & Ors

(High Court Of Meghalaya)

WP(C) No. 68 of 2022 | 27-03-2023

1. This is the second round of litigation by the writ petitioner praying for appointment on compassionate ground.

2. Reference has been made by Mr. A.H. Hazarika, learned counsel for the petitioner to the Scheme on compassionate appointment, which is contained in the Office Memorandum dated 16.01.2013. It is further submitted that in spite of having applied for the same, the respondents are yet to consider the case of the petitioner positively for accommodation on compassionate ground. The learned counsel for the petitioner prays that appropriate directions be issued to the respondents, to consider the writ petitioner for immediate accommodation against a vacant post on compassionate appointment. The learned counsel further submits that the petitioner is in dire financial need as he has 4 unmarried sisters.

3. Mr. R. Debnath, learned CGC for the respondents in reply has relied on the averments made in the affidavit, and has drawn the attention of this Court to Para-6 thereof, where he submits that it is not the case that the petitioner is not being considered, but rather after consideration due to the unavailability of post at that relevant point of time, he could not be accommodated. He further submits that the family of the deceased employee immediately on his demise, was paid an ex-gratia payment of Rs. 30,000/-, family pension and other terminal benefits has since been released and they are in receipt of monthly family pension.

4. The learned CGC further submits that at the time of the last consideration against 2 posts which were reserved for compassionate appointment one (i) Smti. Maya Roy and (ii) Smti Ridashisha Shylla, widows of the ex-employees have been accommodated. He concludes his submissions by submitting that it is not the case that the matter has not been given attention, but as and when vacancies arise again, and if eligible as per the roster, the petitioner will be accommodated.

5. I have heard the learned counsels for the parties.

6. In view of the submissions made by the learned CGC for the respondents, no further directions are necessary from this Court. It is expected as and when vacancies arose, to be filled up on compassionate appointment, if the petitioner falls within zone, will be considered and accommodated for the same.

7. With the above noted directions, this matter stands closed and is accordingly disposed of.

Advocate List
  • Mr. A.H. Hazarika

  • Mr. R. Debnath, CGG

Bench
  • Hon'ble Mr. Justice H. S. Thangkhiew
Eq Citations
  • LQ
  • LQ/MegHC/2023/72
Head Note

Service Law — Compassionate appointment — Scheme on compassionate appointment — Appointment of two widows of ex-employees against two posts reserved for compassionate appointment — Petitioner's case not considered due to unavailability of post at that relevant point of time — However, as and when vacancies arise again, petitioner to be considered and accommodated — Hence, no further directions necessary — Matter closed (Paras 1 to 7)