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2016 DIGILAW 345 (TRI)

Khokan Mani Tripura, Son of late Ranendra Tripura v. State of Tripura

2016-11-05

S.TALAPATRA

body2016
JUDGMENT AND ORDER : Heard Mr. R. Dutta, learned counsel appearing for the petitioner as well as Mr. G.S. Bhattacharji, learned counsel appearing for the respondents. 2. In view of the decision of this court in Smt. Nagnabala Chakma vs. The State of Tripura [the judgment and order dated 12.09.2016 in W.P.(C) No.40 of 2016] the controversy raised in this writ petition now falls within a very short compass. By the said decision, the mother of the petitioner herein has been declared the illegally married wife of the deceased employee namely Ranendra Tripura who was serving as the Junior Electrician in PWD (Road & Buildings), Government of Tripura at the time of his death. Since there was a controversy about the status of the petitioner meaning whether the petitioner was the son of the deceased employee or not, the petitioner’s claim for compassionate under Die-in-Harness scheme was not considered. 3. Mr. G.S. Bhattacharji, learned counsel appearing for the respondents has fairly acceded that in view of the said decision delivered in W.P.(C) No.40 of 2016, now the status of the petitioner as the son of the deceased employee cannot be questioned, since the state has not carried out any further action against that decision. Only for this controversy, the petitioner was not considered under die-in-harness scheme for appointment to a post, commensurate to his qualification or eligibility. Since there is no controversy now regarding the status of the petitioner, the state-respondents are directed to consider the appointment of the petitioner under the die-in-harness scheme in a post commensurate to his qualification etc. within a period of 6(six) months from today. 4. With this direction and observation this writ petition stands allowed to the extent as indicated above. There shall be no order as to costs.