9911796707
TMI Blog1996 (5) TMI 425X X X X Extracts X X X X X X X X Extracts X X X X ..... it was provided: The concession under the above scheme shall also be applicable to those dependents mentioned in (2) above in respect of this work charged employees who died-in harness By corrigendum dated May 8, 1984 Office Memorandum dated May 2, 1984 was modified and paragraph (3) was substituted by the following provision: The Scheme shall be applicable only to regular Government employees in a vacancy available in the department in which deceased employee worked. Subsequently, by Office Memorandum dated August 31,1992, the Scheme was revised and in the revised Scheme it was expressly provided: Since the appointment under the Scheme is meant only for giving immediate relief to the bereaved family, the application com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder the Scheme. Since he was not given an appointment, he filed a writ petition (Civil Rule No. 171 of 1993) in the Gauhati High Court seeking an appropriate direction for his appointment on compassionate grounds. The said writ petition of the respondent has been allowed by the High Court by judgment dated June 29, 1995, whereby the appellants have been directed to consider the case of the respondent for appointment to a suitable post commensurate with his educational qualifications under the Scheme. The submission urged on behalf of the appellants that the Scheme was not applicable since the father of the respondent was a work- charged employee was not accepted by the High Court and, in this regard, the High Court placed reliance on it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rlier in Civil Rule No. 171 of 1993. As noticed earlier, in the Scheme, as initially framed by O.M. dated May 2, 1984, there was a provision in paragraph (3) for appointment of dependents of work-charged employees who died in harness. But by corrigendum dated May 8, 1984, the Office Memorandum dated May 12, 1984 was amended and paragraph (3) was substituted and in the amended provision it was provided that the Scheme shall be applicable to regular government employee in the vacancy available in the department in which the deceased employee worked. The matter was further clarified beyond doubt in the revised scheme issued by O.M. dated August 31, 1992 wherein it is expressly stated that the Scheme will not be applicable to ad hoc/officiat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order which does not contain the reasons for dismissal does not amount to acceptance of the correctness of the decision sought to be appealed against. The effect of such a non-speaking order of dismissal without anything more only means that this court has decided only that it is not a fit case where the special leave petition should be granted. Such an order does not constitute law laid down by this court for the purpose of Article 141 of the Constitution. [See: M/s Rup Diamonds Ors. v. Union of India Ors., 1989 92) SCC 356; Late Nawab sir Mir Osman Ali Khan v. commissioner of wealth Tax, Hyderabad, 1986 Supp. SCC 700, and Supreme Court Employees' Welfare Association v. Union of India, 1989 (4) SCC 187]. The High Court was, therefo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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