Advocates:
['Mr S DATTA', '', 'Mr B DEBNATH', 'Mr S K DEB', 'GA']

HIGH COURT OF TRIPURA

AGARTALA

WP(C) 506 of 2018

Mahesh Tripura,

son of late Bijoy Singh Tripura,

resident of South Dhumacherra,

PO & PS: Dhumacherra, Longthorai Valley,

District: Dhalai Tripura

----Petitioner(s)

Versus

1.

The State of Tripura,

represented by the Chief Secretary,

Government of Tripura,

Civil Secretariat, New Capital Complex,

PS: New Capital Complex,

PO: Abhoynagar,

District: West Tripura.

2.

Director of Fire Services,

Government of Tripura, Agartala

PS: West Agartala, PO: Agartala,

District: West Tripura

3.

Divisional Fire Service Officer, Udaipur

Government of Tripura, Agartala,

PS: R.K. Pur, PO: R.K. Pur,

District: Gomati, Tripura

4.

The Secretary,

Finance Department,

Government of Tripura,

Civil Secretariat,

New Capital Complex,

PO: Abhoynagar,

District: West Tripura

---- Respondent(s)

For Petitioner(s)

: Mr. S. Deb, Sr. Adv.

For Respondent(s)

: Mr. D. Bhattacharjee, G.A.

Date of hearing

& delivery of

judgment and order

: 28.02.2020

Whether fit for reporting

: NO

Page 2 of 8

HON’BLE MR. JUSTICE S. TALAPATRA

Judgment & Order (Oral)

Heard Mr. S. Deb, learned senior counsel appearing

for the petitioner as well as Mr. D. Bhattacharjee, learned G.A.

appearing for the respondents.

[2]

By means of this writ petition, the petitioner has

urged this court to direct the respondents to give him a job

commensurate to his qualification under die-in-harness scheme

as their sole earning member has expired in the harness on

05.11.2013. It is also not in dispute that the deceased namely

Bijoy Singh Tripura was serving as the driver under the

Directorate of Fire Services, Govt. of Tripura and he left the

following persons in his family:

1. Gitarani Tripura

(wife)

2. Bittu Tripura

(Son)

3. Swapna Tripura

(Daughter)

4. Mahesh Tripura

(Son)

5. Kabita Tripura

(Daughter in law)

6. Prithiviraj Tripura

(Grandson)

[3]

The family members have persuaded the petitioner

to apply for the job under the die-in-harness scheme as he is

eligible to be considered for such job. Accordingly, the

petitioner has applied with all necessary documents including

documents relating to his educational qualification, permanent

residence certificate, age-proof certificate, family ration card

etc. But the prayer has been rejected as it would be apparent

from the communication dated 10.10.2014 (Annexure-6 to the

writ petition). By the said communication dated 27.09.2014

Page 3 of 8

(Annexure-7 to the writ petition) issued by the Home

Department, Govt. of Tripura, it has been apprised that the

matter was referred to the Finance Department and the

Finance Department has regretted their inability to concur the

proposal of the petitioner as from the ration card, it appeared

that the petitioner was living separately from the other family

members before the death of his father.

[4]

By

the

communication

dated

17.11.2014

(Annexure-8 to the writ petition), the Directorate of Fire

Services was informed that under the die-in-harness scheme a

married son or married daughter or daughter in law if he/she

lives separately from other members of the family, is excluded

from the benefit under the said scheme. The petitioner

submitted some information about the family ration card in the

year 2015 and contended that the petitioner had been living in

the joint family and there had been only one ration card from

which it would appear that the petitioner was living with the

family left by the deceased employee.

[5]

The Sub-Divisional Magistrate, Longtharai Valley,

Chailengta who carried out the inquiry in terms of the die-in-

harness scheme has in his forwarding letter dated 08.11.2016

(Annexure-10 to the writ petition), observed as under:

“It also appears that the applicant Sri Mahesh Tr