Champu Rani Ghosh, W/o Late Manik Gope @ Manik Ghosh v. State of Tripura
2017-02-13
S.C.DAS
body2017
DigiLaw.ai
JUDGMENT & ORDER(ORAL) Heard learned counsel, Mr. P.K.Pal for the petitioner and learned counsel, Mr. B. Dutta for the respondents. 2. The case is taken up for final disposal at the admission stage since it relates to a prayer for employment under Die in Harness Scheme. 3. Shorn of unnecessary details, the case of the petitioner is that her husband Manik Gope alias Manik Ghosh was working as a Daily Rated Worker under the State of Tripura in the department of Animal Resource Development and that he died in harness on 01.01.2007 leaving behind the petitioner as widowed wife and two minor sons aged 4 years and 1 year and mother aged about 70 years. It is the case of the petitioner that there is no other source of income of the petitioner to maintain the family and the entire family was dependent on the income of the deceased employee. 4. It is not in dispute that Die in Harness is a benevolent scheme of the State Govt. to extend benefit either by way of employment of a member of the family of the deceased or by financial assistance. The petitioner prayed for employment but her prayer was not entertained for which she issued notice through her engaged learned counsel and in response to such notice respondent No.3 by a letter dated 14.08.2014 (AnnexureP/13 to the writ petition) intimated her learned counsel as follows: “Government of Tripura, Directorate of Animal Resources Development, P.N.Complex, Agartala. No.F.2(DRW10)ARDD/ESTT/11/8078-79 Dated, Agartala, the 14th August, 2014. To Sri Prasanta Kr. Paul, Advocate, Tripura High Court Bar Association (Chamber No.8), Agartala, West Tripura. Reference : Your Notice No. Nil; dated 04-08-2014. Sir, With reference to your notice cited above, I am to inform you that the School Certificate/Transfer Certificate of Smt. Champu Rani Ghosh, W/O. Late manik Gope, ExDRW was sent to the Director, School Education Dept. for verification and genuineness of the School Certificate/ Transfer Certificate. Subsequently, reminder letter was also issued besides making some verbal communications from time to time. But the said verification report has not yet been received till today. In this regard, it is mentioned here that the Finance Department is the nodal Department for giving Govt. job under die in harness scheme. Concrete proposal along with the documents and verification reports of the applicant are necessary to place before the Finance Department for obtaining approval of issuing appointment order.
In this regard, it is mentioned here that the Finance Department is the nodal Department for giving Govt. job under die in harness scheme. Concrete proposal along with the documents and verification reports of the applicant are necessary to place before the Finance Department for obtaining approval of issuing appointment order. It is to be mentioned here that Dr. Prasad Das, Branch Officer of Estt Section (N/G) went to the School Education Dept. and pursued this matter himself on 07-08-2014. The School Education Dept. has assured verbally that the report will be sent shortly. Accordingly necessary action will be taken for immediate redress on the matter. Yours faithfully, Sd/ (Dr. Dharmeswar Das), Director Animal Resources Development Government of Tripura. Copy to : The Director of School Education Deptt., Govt. of Tripura, Agartala for kind information and necessary action. This refers to our letter No.F.2(DRW10)ARDD/ESTT/2011, dated 30-11-2013 & 28-02-2014. Sd/ (Dr. Dharmeswar Das), Director Animal Resources Development Government of Tripura.” 5. By another letter dated 12.03.2015 (AnnexureP/14 to the writ petition), the respondent No.3 intimated her lawyer as follows: “GOVERNMENT OF TRIPURA, DIRECTORATE OF ANIMAL RESOURCES DEVELOPMENT, P.N.COMPLEX, AGARTALA. No.F.2(DRW10)ARDD/ESTT/11/21,031 Dated, Agartala, the 12th March, 2015. To Sri Prasanta Kr. Paul, Advocate, Tripura High Court Bar Association (Chamber No.8), Agartala, West Tripura. Ref : Your Notice No. Nil; dated 04-08-2014. Sir, In continuation to this Directorate’s letter of even number dated 14-08-2014, I am to inform you that the matter of providing a job under die-in-harness Scheme in respect of Smti. Champu Rani Ghosh, W/O, Late Manik Gope, Ex.D.R.W. has taken in to consideration but regretted by the Finance Department. Yours faithfully, Sd/ (Dr. Dharmeswar Das), DIRECTOR ANIMAL RESOURCES DEVELOPMENT GOVERNMENT OF TRIPURA.” 6. It appears the employment of the petitioner has not been given only on the ground that Finance Department regretted the proposal. 7. It is not in dispute that the benefit of Die-in-Harness Scheme is extended to the employees working as DRW. The respondents by filing the counter stated that the name of the husband of the petitioner was not included in the database as a Daily Rated Worker and, therefore, the representation of the petitioner for employment could not be entertained. AnnexureR/1 to the counter affidavit reads as follows: “No.F.2(DRW10)ARDD/ESTT/11 Animal Resource Development Department. Note No.16 Ref: Note No.14 & 15 ante. The Administrative Deptt.
AnnexureR/1 to the counter affidavit reads as follows: “No.F.2(DRW10)ARDD/ESTT/11 Animal Resource Development Department. Note No.16 Ref: Note No.14 & 15 ante. The Administrative Deptt. is intimated that as per norms, the Die-in-Harness Scheme is applicable to the following category of employees/workers only. (i) State Government employee, (ii) All permanent Labourer (Recruitment & Conditions of Service) Rules, (iii) Teaching and non-teaching employees of privately managed Government aided schools, (iv) Home guards/Woman Home Guards/Border Wing Home Guards, and (v) Deceased DRW and Contingent Employees whose names appeared in the date prepared by the Finance Department for regularization. 2. The dependents of deceased DRW employee whose name was not appeared in the database is (are) not entitled for the admissible benefits under Die-in-Harness Scheme. Sd/ (M.M.Debbarma) Under Secretary GA(P&T) Department.” 8. In their counter the respondents stated that the name of the husband of the petitioner was missing from the database and therefore, the petitioner could not be provided with the job. It is not denied that the petitioner was not working as a Daily rated Worker. Under such circumstances even if his name was missing in the database, the legal representative of the deceased employee cannot be denied the benefit of State’s Welfare Scheme. 9. The respondents are, therefore, directed to provide a suitable job according the qualification of the petitioner in the Govt. Department according to their wisdom after considering all other factors and personal data of the petitioner. 10. The order shall be complied within 90(ninety) days from today. 11. The writ petitioner is accordingly disposed of.