Tripura High Court
Shri Mithun Reang vs The State Of Tripura And 3 Ors on 7 December, 2021
HIGH COURT OF TRIPURA
AGARTALA
W.P.(C) No.438 of 2021
Shri Mithun Reang
----Petitioner(s)
Versus
The State of Tripura and 3 Ors.
----Respondent(s)
For Petitioner(s) : Mr. R. R. Datta, Adv.
For Respondent(s) : Mr. M. Debbarma, Addl. G.A.
HON'BLE MR. JUSTICE S. TALAPATRA
Order
07/12/2021
Heard Mr. R. R. Datta, learned counsel appearing for
the petitioner and Mr. M. Debbarma, learned Addl. G.A. appearing
for the respondents.
02. By means of this writ petition, the petitioner has urged
this court for directing the respondents to give him a job or
financial assistance as his father Ramananda Reang was killed by
the extremists on 05.05.1993. As regards, the said occurance, a
police case being Teliamura P.S. Case No.1/45 under Section
302/34 of the IPC read with Section 27 of the Arms Act was
registered. At that point of time, the petitioner was about three
years old. When the petitioner becme major, he filed an
application on 04.02.2019 claiming those benefits. The formal
application was filed on 11.12.2020 with all requisite documents to
the District Magistrate & Collector, Khowai Tripura. There had
been police inquiry and the fact of killing of his father by the
extremists was found to be true and accordingly, the District
Administration, Khowai sent the proposal for granting the benefit
under the scheme as declared by the Government under the
memorandum dated 25.06.2014 [Annexure-19 to the writ
petition]. But no action was taken by the respondents. As a result,
the petitioner has approached this court for issuing direction on
the respondents to give him a job under the Extremist Violence
Scheme. There was some issues about his age. According to the
respondents, he was not eligible to get the benefit under the said
scheme. In this regard, the petitioner has relied on two decisions
of this court viz. The State of Tripura vs. Smti. Chitra Sabar [the
judgment dated 14.02.2014 delivered in WA 08 of 2012] and Smt.
Mahamaya Santal vs. The State of Tripura and Ors. [the order
dated 19.02.2020 delivered in W.P(C)No.1418 of 2019. In those
cases, it has been held that as the person who was supposed to
apply for the benefit under the said scheme was mere child when
the occurrence took place, they should be allowed to file an
application for getting benefit under the scheme, after they
attained the majority and within two years from the date of
attaining the majority.
03. The respondents have without filing the reply placed
today a copy of the memorandum No.F.No.10(45)-REV/EXT/19
dated 26.10.2021 whereby the petitioner has been appointed in
the post of LDC(Group-C) under the District
Administration(Revenue), West Tripura District keeping the
regular scale of the post in abeyance.
04. Mr. M. Debbarma, learned Addl. G.A. appearing for
the respondents has submitted that only similar appointments are
made for the family of the victims of extremists violence case.
05. Mr. Datta, learned counsel appearing for the petitioner
has submitted that such appointment ought to have been made
immediately after filing of the petition. This is a case where the
petitioner had lost his father, when he was a child. After attaining
majority, he has applied for the job and therefore, this court is of
the view that the petitioner should accept this letter of
appointment and join the service. In terms of policy, the petitioner
will be brought in the regular scale of pay.
06. Having observed thus, this writ petition stands
disposed of as further relief is not contemplated or can be given.
A copy of the notification dated 26.10.2021 is placed
on record for future reference.
JUDGE
Moumita
