Advocates:
['D SARKAR', '', 'Mr A C BHOWMIK', 'ARIJIT BHOWMIK', 'Mr G S BHATTACHARJEE']

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W.P.(C) No. 358 of 2015

THE HIGH COURT OF TRIPURA

AGARTALA

W.P.(C) No. 358 of 2015

Smt. Namita Chowhan

wife of late Karan Chowhan,

resident of village- Valukia Lunga, 79 tilla,

P.O. Kunjaban, P.S. Kunjaban Outpost,

District- West Tripura

… Petitioner

-

Versus –

1. The State of Tripura,

represented by the Secretary-cum-Commissioner,

The Department of Power , Government of Tripura,

P.O. Kunjaban, P.S. New Capital Complex,

District- West Tripura

2. The Secretary-cum-Commissioner,

Department of Finance, Government of Tripura,

P.O. Kunjaban, P.S. New Capital Complex,

District- West Tripura

3. The Chief Engineer,

Tripura State Electricity Corporation Limited (TSECL),

Government of Tripura, P.O. Shyamali Bazar,

P.S. New Capital Complex, Agartala, Dist.- West Tripura

4. The Executive Engineer,

Department of Power, Electrical Division No. VII,

P.O. & P.S. Ambassa, Dhalai, Tripura

… Respondents

BEFORE

THE HON’BLE MR. JUSTICE S. TALAPATRA

For the petitioner

: Mr. AC Bhowmik, Sr. Advocate

Mr. D. Sarkar, Advocate

For respondents : Mr. GS Bhattacharji, State Counsel

Date of hearing : 08.11.2016

Date of delivery

of Judgment and Order : 17.11.2016

Whether fit for reporting : YES

JUDGEMENT AND ORDER

By means of this petition, the petitioner has challenged the action

of the respondents for refusing the petitioner employment under the die-

in-harness scheme for death of his father, namely, Karan Chowhan in

the harness.

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W.P.(C) No. 358 of 2015

2.

The facts which are not in dispute is that Karan Chowhan was

serving as a Class IV (Group-D) employee under the Tripura State

Electricity Corporation Limited (TSECL), the respondent no. 3 herein

and in a road traffic accident he died on 24.12.2001 leaving behind his

wife, two sons and one daughter, namely, Smt. Namita Chowhan, who is

the petitioner in this writ petition. The deceased employee has also left

behind her aged mother. Under the die-in-harness scheme, the

petitioner applied for a suitable job with all relevant documents to the

respondent No.3 but nothing has happened till date and as a result this

petition has been filed for direction on the respondents to give her a

suitable employment under the die-in-harness scheme.

3.

In reply to the averments made in the writ petition, the respondent

No. 1, 2 and 4 have admitted the facts as asserted by the petitioner but

stated also as under:

<after scrutiny and enquiry it was revealed that one of the surviving family

member of the Ld. Karan Chowhan is working under Government of India

(Border Security Force), which has been confirmed by the SDM’s report dated

F.1(25)/A/SDM/SDR/Estt/1503, dated 01.08.2003 and the TSECL in their 93^rd

Board Meeting the matter was considered and not recommended the case of

the petitioner by the selection Committee for the die-in-harness scheme. As

per the Government order No. .1(2)-GA/77, dated 27.10.1983, the

employment under die-in-harness scheme is to be provided only in those

cases where there is no earning member in the deceased’s family, and as per

Government order No. F.1(2)-GA/77, dated 13.08.1996, employees, who are

working in Government/public Sector undertakings/Autonomous bodies will

be treated as earning member. Hence, the claim of the petitioner for suitable

job under Die-in-harness Scheme does not come under the purview of the

scheme. Hence, the facts and circumstances stated above the instant Writ

petition is devoid of merit and deserved to be dismissed. =

4.

Mr. AC Bhowmik, learned senior counsel appearing for the

petitioner has submitted that in the rejoinder what the petitioner has

averred that has not been contested by the respondents. The petitioner

has asserted as under:

< In this regard the petitioner states