Liberal interpretation of beneficial legislation to achieve the intended objective, especially in cases of financial stringency and absence of other earning members in the family of the deceased employee.

By means of this writ petition, the petitioners have challenged the action of the respondents denying job under die-in-harness scheme for death of their father, namely Nimai Laskar who died in harness while serving as a Constable under the Tripura Police.

2. The petitioner No.1, namely Pintu Laskar approached first for such compassionate appointment. But his prayer for compassionate appointment could not be acceded to for the reason that he was lacking in educational qualification for any Government employment as he was merely class-V passed. Had the petitioner No.1 been serving as the Home Guard then he would have been appointed as the Sweeping and Cleaning Assistant (Group-D), but no such relaxation is available for the other persons. Hence, by the communication dated 09.11.2011 addressed to the Director General of Police, Tripura Agartala, the Deputy Secretary to the Govt. of Tripura and Home Department has regretted the compassionate appointment to the petitioner No.1. Thereafter, the petitioner No.2, namely Smti. Lovely Sarkar applied for the compassionate appointment. It is not in dispute, Smti. Lovely Sarkar is married and she is not estranged. However, her claim is that she has been living with the family of the deceased and for earning living she has been giving tuitions to the students of the locality. However, by the communication dated 22.04.2013, the Deputy Secretary to the Govt. of Tripura, Home Department has informed the Director General of Police, Tripura that the petitioner No.2 is not eligible to get the benefit under the die-in-harness scheme. The petitioners collected information under the Right to Information Act, 2005. From one note, the following has been found about the petitioner No.2.

“It is mentioned here that Smti. Lovely Laskar was married on 02.12.2010 to Shri Animesh Debnath, resident of M.B. Tilla, Agartala. Smti. Laskar maintains a very good relation with her husband though she resided with her brothers at Matabari, Udaipur for the purpose of tuition as per SDM Sadar report (vide page-118 Flag-B).

So as per definition of “family” for the purpose of benefit under die-in-harness Scheme as issued by GA (P & T) Deptt. Vide memo No. F. 1(1)-GA (P&T) 92(L) dt. 24.09.2011 (vide page-110), it is not clear whether Smti. Lovely Laskar is eligible for Govt. job as she is a married women and after marriage she resides with her brothers.”

3. The said note was sent, as it transpires, to the Home Department and the Home Department declined to give any benefit to the petitioner No.2 by the communication dated 24.04.2013 (part of Annexure P-3 to the writ petition). The report as submitted by the SDM, Udaipur, as referred in the said note are available at Annexure R-6 to the supplementary affidavit filed by the respondents on 13.10.2015 in terms of the order of this court dated 18.04.2015. The report clearly states that the family left by the deceased employee does not have any source of income. The report has observed also as under :

“I would like to inform you that the matter has been enquired into. On enquiry it is revealed that, the family condition of Smt. Lovely Laskar, D/O, deceased Nimai Laskar Ex-Const. Vill. & P.O. Matabari, Dist. Gomati District, who expired on 17.03.2010, and other related information in regard to the family are as follows:

PART-“A”

1.	Name of the deceased employee	NIMAI LASKAR
2.	Name of applicant of Govt. job	SMT. LOVELY LASKAR
3.	Relation of applicant with deceased	DAUGHTER
4.	Date of birth and age as on the date of death	27 YEARS
5.	Educational Qualification of the candidate	Madhyamik pass
6.	Nationality	Indian
7.	Date of death of deceased employee	17.03.2010
8.	Total No. of family members	5(five) Nos.
9.	Govt. Service holder family member, if any with name, d