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The spirit and intention of the die-in-harness scheme provides doe immediate employment and settlement: High Court of Manipur

The die-in-harness scheme was framed by the State Government to bring solace and benefit to the family of the deceased Government employee who suddenly became without a source of income on the death of the Government employee as upheld by the High Court of Manipur through the learned bench led by Justice M.V. Muralidaran in the case of N.Thangkhankhual v. The State of Manipur and ors. (WP(C) No.393 of 2021)

The brief facts of the case are that the Petitioner’s father John Chithang Naulak, while working as an Inspector in the Sericulture Department, died on 4.10.2002 and the petitioner being the eldest son submitted an application for compassionate appointment under the die-in-harness scheme. However, at the relevant point of time, the Government had withdrawn the dis-in-harness scheme for some time only to restore it after a few years. After the restoration of the scheme, it was notified that the family members of the deceased employees who had died during the period of withdrawal and restoration will be eligible for compassionate appointment as per the death of the deceased employee, subject to the family member applying for compassionate appointment.

The petitioner, who has earlier applied at the time of the death of his father, again applied to the authorities for giving him compassionate appointment to a suitable post, preferably Class-III 3 post like Lower Division Clerk as he was a graduate having passed his B.A (Hons) in political Science. In the meantime, it came to the notice of the petitioner that, some tampering had been made in the list of the claimants for compassionate appointment, whereby a person lower to him was placed have him. Not only that, the date of the petitioner’s father expiry was tampered with by pushing it back by a year later. Aggrieved by such tampering, the petitioner has filed to quash such tampering and sought for compassionate appointment. By an order dated 11.2.2015, this Court allowed the writ petition. However, the petitioner’s claim was rejected on the ground that there were two more claimants to the post of LDC, Grade-III above the petitioner will the available post of LDC was only one and the petitioner was advised that his claim will be considered when there are vacancies available in the Department.

The Hon’ble Court held, “In the present case, as stated supra, the petitioner has been making for almost 20 years waited and in fact, the petitioner and his family members, including his widowed mother continued to live in a penuries condition without any employment. Considering the facts and circumstances of the case, particularly the penury condition of the family of the petitioner, this Court is of the view that there is merit in the grievance of the petitioner and accordingly, the writ petition filed by the petitioner is liable to be allowed.”

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Judgment reviewed by Vandana Ragwani

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