Mr. P.K. Pal vs Mr. D. Bhattacharya
2021 Latest Caselaw 1299 Tri

                           HIGH COURT OF TRIPURA
                                 AGARTALA
                              WP(C)No.724 of 2021
For Petitioner(s)                 : Mr. P.K. Pal, Adv.
For Respondent(s)                 : Mr. D. Bhattacharya, G.A.

Ms. N. Chakma(Saha), Adv.

HON'BLE MR. JUSTICE S. TALAPATRA

Order

22/12/2021

Heard Mr. P.K. Pal, learned counsel appearing for the petitioner as

well as Mr. D. Bhattacharya, learned G.A. assisted by Ms. N. Chakma(Saha),

learned counsel appearing for the respondents.

2. This is the second round of litigation by the petitioner seeking the

compassionate appointment for death of his mother namely Gita Debnath who

was serving as the undergraduate teacher [UGT]. The petitioner's mother died in

harness on 14.11.2017. Since there was no earning persons in the family, the

petitioner had approached the respondents for giving him compassionate

appointment under Die-in-Harness Scheme. But nothing positive did happen.

Having prompted by the circumstances, the writ petitioner filed a writ petition

being WP(C)No.572 of 2019. The said writ petition was disposed of by the order

dated 10.12.2019 directing the respondents to consider the compassionate

appointment of the petitioner within a period of three months from the date of the

order. That apart, the communication dated 25.09.2019 rejecting the prayer of the

petitioner was also set aside by the said order.

3. The respondent, feeling aggrieved, filed a writ appeal being

W.A.No.291 of 2021. The said appeal has been dismissed recently by the

judgment dated 13.12.2021. It has been directed further by the order dated

13.12.2021 as delivered in W.A.No.291 of 2021 titled as The State of Tripura

and Others versus Shri Subhojit Shil that the direction of the learned single

Judge be complied with within a period of four weeks from the date of the said

order.

4. Mr. D. Bhattacharya, learned G.A. appearing for the respondents has

submitted that the controversy raised in this writ petition is also for compassionate

appointment of the petitioner who was the respondent [the writ petitioner] in the

said writ appeal.

5. In the emerged circumstances, this Court is of the view that the

judgment of the learned Single Judge as delivered in W.A.No.291 of 2021 has

clinched the controversy and as such, no fresh decision is called for in this writ

petition. The respondents shall act in terms of the order dated 13.12.2021 as

noted above.

Having observed thus, this writ petition stands disposed of.

However, there shall be no order as to costs.

A copy of the order dated 13.12.2021 as filed by the petitioner be

made part of the record.

JUDGE

Sabyasachi B