Advocates:
['A PAL', '', 'H SARKAR', 'GA']

1

IN THE HIGH COURT OF TRIPURA

A G A R T A L A

W.P(C) NO.160 OF 2015

1. Sri Pintu Laskar,

son of late Nimai Laskar

2. Smt. Lovely Laskar,

daughter of late Nimai Laskar,

wife of Sri Animesh Debnath

- both are residents of village Matabari,

Udaipur, P.O. & P.S. R.K. Pur, Sub-Division : Udaipur,

Dist: Gomati Tripura

………………… Petitioners

– Vs –

1.The State of Tripura,

represented by the Chief Secretary in the Department of Home,

Govt. of Tripura, Agartala, having his office at New Secretariat

Complex, Gurkhabasti, P.O. Kunjaban, P.S. East Agartala,

Sub- Division: Sadar, District: West Tripura, PIN: 799006

2.The Secretary to the Department of

General Administration (P & T),

Government of Tripura, having his office at New Secretariat

Complex, Gurkhabasti, P.O. Kunjaban, P.S. East Agartala, Sub-

Division: Sadar, District: West Tripura, PIN:799006

3.The Director General of Police, Govt. of Tripura,

having his office at Police Head Quarters,

Near Fire Brigade, Agartala, P.O. HPO Agartala, P.S. West Agartala,

Sub-Division: Sadar, District: West Tripura, PIN: 799001

…..………….Respondents

B E F O R E

THE HON’BLE MR. JUSTICE S. TALAPATRA

For the petitioners

:

Mr. A. Paul, Advocate

For the respondents

: Mr. Samarjit Bhattacharji, Advocate

Date of hearing

: 16.11.2015

Date of judgment & order : 23.11.2015

W.P.(C) No.160 of 2015

Page 1 of 9

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Whether fit for reporting :

JUDGMENT & ORDER

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

W.P.(C) No.160 of 2015

Page 2 of 9

Yes

No

√

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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 wome