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2017 Supreme(Tri) 318
IN THE HIGH COURT OF TRIPURA, AGARTALA
S. TALAPATRA, J.
Smt. Aruna Acharjee (Bhattacharjee), wife of Sri. Santu Bhattacharjee – Petitioner
Versus
The Union of India, represented by the Secretary, Government of India, Ministry of Home Affairs, North Block, New Delhi and Others – Respondents
WP (C) No. 226-229, 234-238, 257-265, 295-298 of 2017
Decided On : 15-09-2017
Important Points
Subject
Civil Law - Administrative Law
Headnote
Volunteers - Sashastra Seema Bal - 22.09.2016 - The court directed the petitioners to approach the respondent No. 2 for verification of their identity as volunteers of the SSB. If satisfied, the petitioners would be recommended to the respondent No. 4 and entitled to benefits.
Fact of the Case:
The petitioners sought to be enlisted as volunteers of ITVs/WATs under the Sashastra Seema Bal (SSB) and recognized for various purposes. They claimed to be qualified and medically fit, having undergone training under the SSB, but were not issued certificates.
Finding of the Court:
The court directed the petitioners to approach the respondent No. 2 for verification of their identity as volunteers of the SSB. If satisfied, the petitioners would be recommended to the respondent No. 4 and entitled to benefits.
Issues: Enlistment of petitioners as volunteers of ITVs/WATs under the SSB, recognition for various purposes, and inclusion in the list of volunteers prepared by the Directorate of SSB.
Ratio Decidendi: The court found that the petitioners' names did not match with the official records of the SSB, causing their names not to be forwarded to the Chief Secretary of the State of Tripura. The court directed the petitioners to approach the respondent No. 2 for verification of their identity as volunteers of the SSB.
Final Decision: The court allowed all the writ petitions to the extent of directing the petitioners to approach the respondent No. 2 for verification of their identity as volunteers of the SSB. If recommended, the petitioners would be entitled to benefits.
For the Petitioner: Mr. P.K. Dhar, Mr. R.G. Chakraborty
For the Respondent: Mr. H. Deb, ASG, Mr. B. Majumder, CGC, Mr. Kohinoor N. Bhattacharji.
Heard Mr. PK Dhar along with Mr. RG Chakraborty, learned counsel appearing for the petitioners as well as Mr. H Deb, learned ASG along with Mr. B. Majumder, learned CGC appearing for the respondents No. 1, 2 and 3 and Mr. Kohinoor N. Bhattacharji and Mr. GS Bhattacharji, learned counsel appearing for the respondent No. 4. None appears for the respondent No.6 despite due notice from this court. By the order dated 02.08.2017 the names of respondent No. 5 [All North East State S.S.B. Trained ITVs/WATs Welfare Association (ANESIWAWA), Head Office Tezpur, Assam, represented by its General Secretary] and the respondent No. 7 [The Chairman, All India S.S.B. Volunteers Welfare Society, New Delhi, Camp-Jantar Mantar] have been deleted.
2. All these petitions being WP(C) 226 of 2017 [Smt. Aruna Acharji (Bhattacharji) vs. The Union of India and others], WP(C) 227 of 2017 [Sri Samir Sen vs. The Union of India and others], WP(C) 228 of 2017 [Sri Bhabatosh Majumder vs. The Union of India and others], WP(C) 229 of 2017 [Sri Samlal Das vs. The Union of India and others], WP(C) 234 of 2017 [Smt. Minati Ghosh (Chakraborty) vs. The Union of India and others], WP(C) 235 of 2017 [Sri Biplab Ghosh vs. The Union of India and others], WP(C) 236 of 2017 [Sri Dulal Chandra Saha vs. The Union of India and others], WP(C) 237 of 2017 [Smt. Manju Rani Ghosh vs. The Union of India and others], WP(C) 238 of 2017 [Sri Dhirendra Chandra Das vs. The Union of India and others], WP(C) 257 of 2017 [Sri Tapan Debnath vs. The Union of India and others], WP(C) 258 of 2017 [Sri Mrabay Mog (Debbarma) vs. The Union of India and others], WP(C) 259 of 2017 [Sri Tarapada Roy vs. The Union of India and others], WP(C) 260 of 2017 [Smt. Shipti Debnath vs. The Union of India and others], WP(C) 261 of 2017 [Smt. Bani Biswas (Mallik) vs. The Union of India and others], WP(C) 262 of 2017 [Smt. Niyati Bhowmik vs. The Union of India and others], WP(C) 263 of 2017 [Sri Sayan Sarkar vs. The Union of India and others], WP(C) 264 of 2017 [Sri Swapan Deb vs. The Union of India and others], WP(C) 265 of 2017 [Sri Rupam Karmakar vs. The Union of India and others], WP(C) 295 of 2017 [Sri Indra Kumar Das vs. The Union of India and others], WP(C) 296 of 2017 [Sri Satya Ranjan Das vs. The Union of India and others], WP(C) 297 of 2017 [Sri Bishnu Das vs. The Union of India and others] and WP(C) 298 of 2017 [Sri Mihir Ranjan Dhar vs. The Union of India and others] are consolidated for disposal by a common judgment inasmuch as the reliefs as prayed are identical being set up in identical conspectus of fact.
3. By means of this writ petitions, the petitioners have urged this court for directing the respondents No. 1,2 and 3 to enlist the name of the petitioners in the list of the volunteers or in the penal I of the volunteers of ITVs/WATs under the Sashastra Seema Bal (for short, hereinafter referred to as the SSB) and further to refer their names to the Chief Secretary, Government of Tripura for utilization of their services in terms of the scheme of the Ministry of Home Affairs, Government of India. In addition, they have urged this court for directing the respondents No. 1 and 2 to recognize the petitioners as the Volunteers of ITVs/WATs under the SSB for all purposes and also to include the name of the petitioners in the list of such volunteers as prepared by the Directorate of SSB.
4. Mr. PK Dhar, learned counsel appearing for the petitioners has submitted that all the petitioners are qualified and medically fit to serve as the Volunteers of the SSB. They are also registered with the Employment Exchanges. The Special Security Bureau has been converted to Sashastra Seema Bal (SSB). Earlier Special Security Bureau was assigned with “Stay Behind Roll” under the Administrative Control of the Ministry of Home Affairs, Government of India. The said organization used to impart intensive training to the volunteers of bordering villages for motivating and mobilizing people living in th
