Ruma Chakraborty (Bhattacharjee), W/O Late Swapan Bhattacharjee v. State of Tripura
2016-11-05
S.C.DAS
body2016
DigiLaw.ai
JUDGMENT AND ORDER : This writ petition is filed seeking direction to the respondents to provide financial benefit of Rs. 75,000/- to the petitioner for the death of her husband who died inharness. 2. Heard learned counsel, Mr. P. Roy Barman for the petitioner and learned G.A., Mr. T. Dutta Majumder for the respondents. 3. It is an admitted position that Swapan Bhattacharjee, the husband of the petitioner, while working as an Inspector of Police under the State respondents, died inharness on 08.08.2008 leaving behind his son through his first wife (since deceased), Sudip Bhattacharjee and the petitioner, Ruma Bhattacharjee (Chakraborty) as the wife. After the death of Swapan Bhattacharjee, the petitioner made an application before the respondent No.2 for providing her a job, but subsequently by her application, dated 08.01.2010, she prayed for providing her the monetary benefit under the dieinharness scheme since she thought that she will not be able to perform the official job. The respondents made an enquiry through SDM, Bishalgarh and found that the son of the deceased through his first wife was an employee in HDFC bank and so the monetary benefit which the petitioner claimed was denied. 4. It is the case of the petitioner that after the death of her husband she got the pensionary benefits and she has gone back to her parental home and living with her widowed mother. Copies of the family registration certificate and ration card which are placed on record, show the name of the petitioner as a member of the family of her widowed mother, Pramila Chakraborty of village Nimbark. 5. It is submitted by learned counsel, Mr. Roy Barman that the petitioner is the widowed wife and has no children. Her stepson, Sudip Bhattacharjee is not a member of her family and he is living apart from her. After the death of her husband she is living in the family of her mother which is apparently clear from the family ration card of the petitioner. According to Mr. Roy Barman, the petitioner may be given the benefit of financial assistance under the scheme. 6. Mr. Datta Majumder, learned G.A. has submitted that the scheme is to provide financial assistance to such family member of a deceased employee who has no other family member in the employment.
According to Mr. Roy Barman, the petitioner may be given the benefit of financial assistance under the scheme. 6. Mr. Datta Majumder, learned G.A. has submitted that the scheme is to provide financial assistance to such family member of a deceased employee who has no other family member in the employment. He has further submitted that it is not in dispute that Sudip Bhattacharjee, son of the deceased employee through his first wife is a bank employee and so the petitioner, who is the stepmother of Sudip and was a member of the family of deceased government employee cannot legitimately claim any benefit under the scheme and if such a benefit is allowed it will frustrate the purpose of the benevolent scheme. 7. We are in a welfare State and having schemes formulated by the welfare Government. The ultimate goal is to provide assistance to those who become helpless after the death of the earning member. It is an admitted position that the petitioner, Ruma Chakraborty is the wife of the deceased government employee who died inharness and it is also an admitted position that the deceased left behind his son through his first wife who is working in a private bank. It is on record that the petitioner is living apart from the stepson and she is in the family of her widowed mother. So under such circumstances, simply because the son of the deceased employee who is a stepson of the present petitioner is under the employment, I think the financial assistance to the petitioner should not be denied. The petitioner claimed the benefit of Rs. 75,000/- but the amount has been increased only in the year 2010 and at the time when the deceased government employee died, the amount of financial assistance was Rs. 50,000/-. So the petitioner is entitled to get the financial assistance of Rs. 50,000/- under the scheme of dieinharness. The respondents are directed to make payment of Rs. 50,000/- as financial assistance under the dieinharness to the petitioner within 60 days from today. 8. The writ petition accordingly stands disposed of.