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2016 DIGILAW 269 (TRI)

Naresh Debbarma S/o Late Subi Chandra Debbarma v. State of Tripura, Represented by the Home Secretary

2016-09-19

S.TALAPATRA

body2016
JUDGMENT AND ORDER : 1. Heard Mr. C.S. Sinha, learned counsel appearing for the petitioner as well as Mr. S. Chakraborty, learned Addl. G.A. appearing for the respondents. 2. By means of this writ petition the petitioner prays for a direction on the respondent commanding to provide him a suitable job under the Die-in-Harness Scheme owing to death of his father namely Subi Chandra Debbarma who died on 22.11.2013 while serving as the Constable under Tripura Police Organisation. Despite his proper application, the said benefit was not granted and by the letter under No. 12649/F.16 (451)-PHQ/2015 dated 23.03.2015 [Annexure-6 to the writ petition], it was communicated to the Superintendent of Police by the Assistant Inspector of General of Police (OPs), Tripura as under: “On scrutiny of job enquiry report of the SDM, Jirania, West Tripura, it appears that deceased's son namely Shri Ramesh Debbarma is serving as Police Constable and his name was deleted from the family ration card after death of his father i.e. 27.10.2014. As per GA (P&T) Department, Govt. of Tripura Memo No. F.1(3)-GA(P&T)/98(L) dated 17.06.2014. If any earning member is present is a family, the family would not be entitled to either employment or financial assistance under the Die-in-harness Scheme. In this case, since one member of family was already working under Govt. before the death of the deceased, thus Shri Naresh Debbarma, is not eligible for Govt. job under die-in-harness scheme.” (Emphasis supplied) The petitioner has also challenged this communication dated 23.03.2015 [Annexure-6 to the writ petition]. 3. Mr. C.S. Sinha, learned counsel appearing for the petitioner has submitted that his brother Shri Ramesh Debbarma is truly serving as the Police Constable under the Tripura Police Organisation. But he has no more part of the 'family', left by the deceased employee. He had separated himself and his family from the said family. But from the scrutiny carried out by the respondents, it appeared that the name of said Ramesh Debbarma was deleted in the family ration card on 27.10.2014 almost after a year of the death of their father. 4. Mr. S. Chakraborty, learned Addl. G.A. appearing for the respondents has submitted that the petitioner is not covered under the Die-in-Harness Scheme as one of the family members is already in the Government service. 4. Mr. S. Chakraborty, learned Addl. G.A. appearing for the respondents has submitted that the petitioner is not covered under the Die-in-Harness Scheme as one of the family members is already in the Government service. Having noticed thus, this court is of the considered opinion that the petitioner cannot be provided with an employment under the Die-in-Harness Scheme as it has been clearly stipulated in that scheme that if one of the family members was serving, the benefit under the Die-in-Harness Scheme cannot be extended to another member of the family left by the deceased employee who died in the harness. 5. Accordingly, this writ petition stands dismissed. There shall be no order as to costs. However, the petitioner may apply for the Government job and his case may be considered in accordance with the rules. A copy of the communication dated 10.02.2010 shall be made part of this writ petition.