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2021 Supreme(Tri) 29

AKIL KURESHI, S.G.CHATTOPADHYAY
State of Tripura – Appellant
Versus
Rakesh Debbarma, son of Late Jatila Debbarma – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. D Bhattcharya, Govt. Advocate.
For the Respondent:Mr. P Roy Barman, Mr. H K Bhowmik, Advocate.

JUDGMENT :

Akil Kureshi, J .

This appeal is filed by the State Government to challenge the judgment of the learned Single Judge, dated 3 rd September 2019, passed in WP(C) No.1085/2018. Respondent herein was the original petitioner. His father was working in Group-D post under the Director, Secondary Education, Government of Tripura. While in service, the petitioner’s father expired on 10th September 2012. The petitioner, first applied for the death certificate and after obtaining the death certificate, applied to the Government authorities for issuance of a survival certificate. Survival certificate was issued on 26th November, 2013 which showed that the deceased was survived by his 3 sons and 1 daughter, the petitioner being the eldest, aged around 18 years, his other siblings were aged 14, 12 and 7 years. The mother of these children had expired on 6th January, 2011.

[2] On 5th March 2014, the petitioner applied to the Government for appointment under Die-in-harness Scheme. In such application, the petitioner stated that “In our family, our father was the only source of income and he was the only employee and our mother died six years back. As a result, he was the only source of in

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