JUDGMENT AND ORDER : Heard Mr. Samarjit Bhattacharji, learned counsel appearing for the petitioner as well as Ms. R. Purakayastha, learned counsel appearing for the respondents. 2. By means of this writ petition, the petitioner who is a member of the family of the deceased employee within the definition as provided under the die-in-harness scheme has urged this court for directing the respondents to provide him an appointment under die-in-harness scheme in the post of LDC owing to death of her mother namely Minati Bhattacharjee who died on 14.08.2007 in harness. 3. There is no dispute that Minati Bhattacharjee, the deceased employee, was working in a Group-D post in the Secretariat under the GA (SA) Department, Government of Tripura. 4. Mr. Samarjit Bhattacharji, learned counsel appearing for the petitioner has submitted that the petitioner is otherwise eligible for appointment under the die-in-harness scheme. He has referred the note of the concerned department where all the relevant facts, on consideration of the decision to conduct inquiry a job can be provided to the petitioner under the die-in-harness scheme was adopted before processing the same for approval of the Finance Department. The said Note No.1 [Annexure P/6 to the writ petition] reads as under : Note No.1 A daily rate worker of Secretariat, Tripura viz. Lt. Minati Bhattacharjee died on 14.08.2007 as mentioned in the death certificate which is enclosed with the prayer at page-14/c. As per the GA (P&T) Department memo no. F.1(3)-GA(P&T)/99 dated 09.01.2009 (placed at p-16/c) it is mentioned that Lt. Minati Bhattacharjee was considered for regularization of service vide memo of the Finance Department no. F.10(2)-FIN(G)/2008 (P) dated 01.09.2008 placed at p-19/c. But ill fate she was expired before issue of the order from the GA(SA) Department. 2. Now, his son Sri. Dipankar Bhattacharjee has applied for appointment (page-15/c) in the Secretariat, as die-in-harness case. As per the GA(P&T) Department memo No. F.1(3)-GA(P&T)/99 (page 16c) dated 9th January 2009, there is a provision for providing employment to the dependents of deceased daily rated workers (DRW) and contingent employees whose names appeared in the data prepared by the Finance Department for regularization but before issue of the formal order of regularization from the Department the employee concerned expired. In the instant case Sri. Dipankar Bhattacharjee is eligible to apply for appointment under die-in-harness case. 3. In the form it is mentioned that he has passed Madhyamik examination. In the instant case Sri. Dipankar Bhattacharjee is eligible to apply for appointment under die-in-harness case. 3. In the form it is mentioned that he has passed Madhyamik examination. All supporting papers (Transfer certificate/Death) certificate/undertaking/no objection certificate etc.) are enclosed with the form. His present age is 29 years 2 months as his date of birth is 11.05.81. Vacancies under U.R. category in the post of LDACT are available in the Department. Procedure of appointment as die-in-harness cases to the post of LDACT is also there in the Department. 4. Before initiating formal proposal for Government approval we may request the S.D.M. Sadar to enquire and report whether there is any earning member in the family of the deceased Government servant and also to send the educational qualification certificate to the Director, School Education Department for verification of the same if authority approve.” [Emphasis added] 5. Thereafter, the SDM, Sadar has on completing his inquiry reported to the competent authority that there is no earning member in the family of the deceased government employee. The same is available under Note No.5 [Annexure P/8 to the writ petition]. In the Note No.5, it has been observed that after scrutiny of the records, the Secretary TBSE has informed that the mark-sheet of Madhyamik Examination submitted by the petitioner is genuine. Therefore, there cannot be any dispute that the petitioner has the qualification of Madhyamik passed and he is otherwise entitled to be considered for appointment for the post of LDC or any other post of the similar rank. When the matter was referred to the Finance Department, as it appears from the reply filed by the respondents, the Finance Department by their Note-2, as annexed with their reply, observed that only the dependent of DRWs whose name has been entered in the data base of the Finance Department and approved by the council of ministers can be provided with a job under the die-in-harness scheme. Note No.2 has further observed that in the case in hand the deceased employee expired before the approval of the Council of Ministers was obtained in respect of the list and hence, the petitioner cannot be provided with an appointment under the die-in-harness scheme. Note No.2 has further observed that in the case in hand the deceased employee expired before the approval of the Council of Ministers was obtained in respect of the list and hence, the petitioner cannot be provided with an appointment under the die-in-harness scheme. In the entire reply, it has not been denied that the name of the deceased employee had been incorporated in the data base for the eligible DRWs who are entitled to be regularized in terms of the memorandum under No.F.10(2)-FIN(G)/2008(P) dated 01.09.2008 issued by the Finance Department, Government of Tripura. That apart, Mr. Bhattacharji, learned counsel appearing for the petitioner has taken this court to the Note No.3 [Annexure P/7 to the writ petition] where the competent authority has observed as under : “3. As per GA(P&T) Department’s Memorandum No. F.1(3)-GA(P&T)/99, dated 9th January, 2009 (at pg-16/c), there is a provision for providing employment to the dependents of deceased daily rated workers (DRW) and Contingent employees whose names appeared in the data prepared by the Finance Department for regularization but before issue of the formal order of regularization from the Department, the employee concerned was expired. And it appears from the F.D.’s Memo at P/17-19c under Sl. No. 1 & ID No.2037 that the name of Smt. Minati Bhattacharjee was enlisted in the data prepared by the Finance Department for regularization. But before issuing formal order Smt. Bhattacharjee was expired. Hence, one of the family members of the deceased is eligible for getting a job under die-in-harness scheme as per circular of the GA(P&T) Department at pg-16/c.” 6. Ms. R. Purakayasta, learned counsel appearing for the respondents has submitted that unless the Council of Ministers had approved the data base that cannot be recognized as a valid data base. Hence, one of the family members of the deceased is eligible for getting a job under die-in-harness scheme as per circular of the GA(P&T) Department at pg-16/c.” 6. Ms. R. Purakayasta, learned counsel appearing for the respondents has submitted that unless the Council of Ministers had approved the data base that cannot be recognized as a valid data base. Such submission is enough to surprise a prudent person inasmuch as the memorandum dated 09.01.2009 provides as under : “The matter of providing opportunity of Government job to the survivors of deceased Daily Rated Workers (DRW) and Contingent employees approved by the Finance Department for regularization by the concerned department and appeared in the data base of the Finance Department has been considered by the Government and it has been decided that, henceforth Government job under die-in-harness Scheme, should be extended to the families of those Daily Rated Workers (DRW) and Contingent Employees whose names appeared in the data prepared by the Finance Department and approved by the Council of Ministers for regularization but before issue of the formal order of regularization from the department the employee concerned expired. The benefit may not be admissible to families if any other surviving member to the family is in employment.” Since from the data base it appeared that the deceased employee was eligible for regularization in terms of the memorandum dated 01.09.2008, the approval of the Council of Ministers is merely a technical approval unless substantively it is shown that the deceased was not eligible for regularization in view of the memorandum dated 01.09.2008. In this respect, there is no murmur, even. On the contrary, the records of the respondents have demonstrated that the name of the deceased employee was in the database or data bank of the Finance Department. No plea has been raised that the deceased employee was not eligible for regularization or not waiting for the same. Hence, the petitioner’s case is wholly covered by the said memorandum dated 09.01.2009. 7. Having held so, the respondents are directed to consider the appointment of the petitioner under the die-in-harness scheme in a post commensurate to his educational qualification within a period of 4(four) months from the date when the petitioner shall submit a copy of this order to the competent authority i.e. the respondent No.2. 8. Accordingly, this writ petition stands allowed to the extent as indicated above. 8. Accordingly, this writ petition stands allowed to the extent as indicated above. There shall be no order as to costs.