Reshmi Debbarma, wife of late Shyamal Debbarma v. State of Tripura, represented by the Secretary
2017-01-20
S.TALAPATRA
body2017
DigiLaw.ai
Judgment and Order : 1. Heard Mr. S. Lodh, learned counsel appearing for the petitioner as well as Mr. T.D. Majumder, learned G.A. appearing for the respondents. 2. The grievance of the petitioner as asserted is that despite her being suitable for appointment under die-in-harness scheme on account of untimely death of her husband namely Shyamal Debbarma, who was working as the Constable bearing batch No.T/4324 in Tripura Police she has not been such appointment. From the communication dated 12.04.2016, Annexure-P/16 to the writ petition, it appears that the competent authority did not consider the prayer of the petitioner for such compassionate appointment as in the survival certificate her name is not there. By the said communication dated 12.04.2016 the petitioner was clearly instructed to get the survival certificate corrected by way of inclusion of her name. 3. Mr. S. Lodh, learned counsel appearing for the petitioner and having referred to the judgment dated 11.11.2014 in Title Suit No.342 of 2011 passed by the Judge, Family Court, Agartala, West Tripura has submitted that the marital status of the petitioner has been clearly declared by the said court in the following words: “In view of the findings in the foregoing paragraphs it appears that the plaintiff is the legally married wife of the deceased Shyamal Debbarma, S/O. Bijoy Debbarma, the defendant No.1 and accordingly, the defendant No.3 is directed to regularize and release the service benefits and pensionery benefits of deceased Shyamal Debbarma as per pension rules.” 4. The petitioner was the plaintiff in that suit being Title Suit No.342 of 2016 where the judgment dated 11.11.2014 [Annexure-P/10 to the writ petition] has been passed. Mr. Lodh, learned counsel appearing for the petitioner has further submitted that the petitioner made a representation to the Sub-Divisional Magistrate, Sadar on 03.08.2009 and also on 06.08.2009 for cancellation of the survival certificate and for issuing a fresh certificate by including her name and her mother in law in the certificate. But the representation was not acted upon. It appears from the records that on 05.06.2010 the petitioner made another representation to the Sub-Divisional Magistrate, Sadar for the same purpose. 5. Mr. T.D. Majumder, learned G.A. appearing for the respondents has submitted that unless the survival certificate demonstrates that the petitioner is the wife of the deceased employee the competent authority cannot consider her for compassionate appointment.
It appears from the records that on 05.06.2010 the petitioner made another representation to the Sub-Divisional Magistrate, Sadar for the same purpose. 5. Mr. T.D. Majumder, learned G.A. appearing for the respondents has submitted that unless the survival certificate demonstrates that the petitioner is the wife of the deceased employee the competent authority cannot consider her for compassionate appointment. He has further submitted that if the corrected copy of the survival certificate is submitted to the competent authority, the Superintendent of Police, Gomati District, the matter will immediately be considered in terms of the Die-in-harness scheme. Having situated thus, this court is of the view that this writ petition can be disposed of with the following directions: (i) The petitioner shall make a prayer along with her previous representations and other testimonials to the Sub-Divisional Magistrate, Jirania Sub-division as the Sub-Divisional Magistrate, Sadar in view of the administrative of re-allocation of jurisdictions, will have no authority to inquire into that matter. Thus the SDM, Jirania shall be the competent authority. The Sub-Divisional Magistrate Jirania, is hereby directed to consider all the representations and the survival certificate issued by the Sub-Divisional Magistrate, Sadar. If he thinks that would be it apposite that the order shall be passed by the Sub-Divisional Magistrate, Sadar, West Tripura district as the said Sub-Divisional Magistrate was the issuing authority, he shall immediately transfer the matter to the said authority with an inquiry report clearly subscribing his opinion as regards the status of the petitioner. The entire exercise of reviewing the survival certificate shall be completed by the Sub-Divisional Magistrate, Jirania and the Sub-Divisional Magistrate, Sadar within 6(weeks) from the date when the said prayer for alternation in view of this order shall be submitted before the Sub-Divisional Magistrate, Jirania, West Tripura. The petitioner after obtaining the fresh survival certificate as this court is certain that in view of the judgment passed by the Judge, Family Court, Agartala, West Tripura, the Sub-Divisional Magistrate will have no other alternative but to include her name in the survival certificate, shall furnish the same to the competent authority for consideration of her compassionate appointment. The competent authority having received of the said survival certificate shall consider the petitioner’s appointment under the Die-in-harness scheme within another 2(two) months without fail. 6. With these observations and direction this writ petition stands allowed to the extent as indicated above.
The competent authority having received of the said survival certificate shall consider the petitioner’s appointment under the Die-in-harness scheme within another 2(two) months without fail. 6. With these observations and direction this writ petition stands allowed to the extent as indicated above. There shall be no order as to costs. A copy of this order be furnished to Mr. S. Lodh, learned counsel appearing for the petitioner.