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2016 Supreme(Tri) 273
IN THE HIGH COURT OF TRIPURA, AGARTALA
S. TALAPATRA, J.
Smt. Swapna Naha (Biswas), w/o Sri Tulsi Naha - Petitioner
Versus
The State of Tripura, (represented by the Principal Secretary, Home) and Ors. - Respondents
WP(C). No. 302 of 2011
Decided On : 08-09-2016
For the Petitioner: Mr. B. N. Majumder
For the Respondents: Mr. J. Majumder
Headnote:
Regularization - Die-in-Harness Scheme - 19.11.1979, 13.08.1996 - The court directed the respondents to dispose of the petitioner's representation within a period of 2 months from the date of receipt of the order. The petitioner's case was not considered for regularization despite similarly situated Home Guards being regularized. The Home Department regretted that the petitioner was not entitled to a regular Government job under the Die-in-Harness Scheme due to earning members in her family and exceeding the maximum age for recruitment. The court held that the relevant date for consideration of regularization should be the date of the employee's death and directed the respondents to consider the petitioner's eligibility for regularization based on the day of her father's death. The court further directed the respondents to regularize the petitioner's service within 3 months in a post commensurate with her qualification, and if she was senior to 7 other persons, she would be notionally engaged from the date of their regularization.
Fact of the Case:
The petitioner, engaged under the Die-in-Harness Scheme, sought regularization of her service, which was not considered despite similarly situated Home Guards being regularized. The Home Department stated that the petitioner was not entitled to a regular Government job due to earning members in her family and exceeding the maximum age for recruitment.
Finding of the Court:
The court held that the relevant date for consideration of regularization should be the date of the employee's death and directed the respondents to consider the petitioner's eligibility for regularization based on the day of her father's death. The court further directed the respondents to regularize the petitioner's service within 3 months in a post commensurate with her qualification, and if she was senior to 7 other persons, she would be notionally engaged from the date of their regularization.
Issues: Whether the petitioner's case was not considered for regularization despite similarly situated Home Guards being regularized, and whether the relevant date for consideration of regularization should be the date of the employee's death.
Ratio Decidendi: The relevant date for consideration of regularization should be the date of the employee's death, and the petitioner's eligibility for regularization should be based on the day of her father's death. The respondents are directed to regularize the petitioner's service within 3 months in a post commensurate with her qualification.
Final Decision: The writ petition stands allowed, and the respondents are directed to regularize the petitioner's service within 3 months in a post commensurate with her qualification.
This writ petition has got a chequered history. The petitioner was engaged as the Woman Home Guard in the Home Guard Organization on 09.09.1989 under Die-in-Harness Scheme for death of her father in harness. Her father was working as the Pharmacist under the Home Department.
2. The petitioner filed representations on numerous occasion urging regulariztion of her service in a post, borne in the Group-D category but without any positive yield. Being persuaded by the circumstances, she had filed a writ petition being WP(C) No. 590 of 2010 in the Gauhati High Court which had the jurisdiction over this state and pressed for a direction on the respondents to regularize her service. While disposing the said writ petition by the order dated 01.03.2011, this Court having observed that the relevant facts directed the respondent No. 2, the Director General of Police, Tripura to dispose the representation of the petitioner dated 20.03.2009 within the period of 2 months from the date of receipt of the copy of that order, by a speaking order.
3. The Direct General of Police (DGP in short), in compliance of the said order disposed the said representation by the order under No. 292-94/R-122/DGP/LC/2010 dated 02.04.2011. For purpose of reference the text of the entire order is reproduced hereunder:
ORDER
The Hon'ble Guwahati High Court, Agartala Bench, while disposing of the Case No. WP(C). No. 590 of 2010 vide its order dated 01.03.2011 directed that:
“In view of the submission of the Ld. Counsel for the parties, this Court is of considered opinion that it would meet justice if the Respondent No. 2 is directed to dispose of the representation of the petitioner dated 20.03.2009 within a period of 02(two) months from the date of receipt of the copy of this order, by a speaking order. It is ordered accordingly”.
The petitioner is also directed to furnish a copy of this order along with the copy of the writ petition to the Respondent No. 2 within a period of 07(seven) days from today.
With the aforesaid order, the instant writ petition is disposed of.”
In accordance with the direction of the Hon'ble Gawahati High Court, Agartala Bench petitioner Smti. Swapna Biswas of the above writ petition submitted a prayer before the undersigned on 05.03.2011 i.e. within the time allowed by the court.
I have carefully examined and considered the representation. On this issue perusal of records indicates that on receipt of representation of the petitioner Smti. Swapna Biswas, Woman Home Guards dated 20.03.2009 for providing regular job under Die-in-Harness Scheme, the process for sending of proposal for providing regular job to the petitioner was initiated on 22.04.2009. in the meanwhile on 25.01.2010, Shri Tanmoy Chakraborty, learned Advocate, High Court Bar, Agartala served a Demand Notice for an on behalf of Smti. Swapna Biswas, Woman Home Guard for the purpose of regular job under Die-in-Harness Scheme.
On receipt of said demand notice the matter was sent to the Home Department, Government of Tripura vide letter No. 14933/F.16(2)(A)-PHQ/03 dated 31.03.2010. in the said letter Home Department was pointed out that on the basis of her application, the petitioner was enrolled as Women Home Guard on compassionate ground under Die-in-Harness Scheme along with 11(eleven) persons. Most of them were given regular appointment based on representations of the petitioners. But Smt Swapana Biswas did not submit any prayer for permanent Govt. job during her tenure as W/HG. In the said letter it was also informed that her educational qualification was madhyamik plucked. She was married and living with her husband. The Home Deptt. Was accordingly requested to take up the matter with the competent authority whether Smt. Swapna Biswas was eligible for the post of Group-'D' on regular basis under Die-in-Harness Scheme and to convey the decision to PHQ at the earliest. This was followed by a reminder of the aforesaid letter to Home Deptt. On 10.05.2010.
On the basis o
