Tripura High Court
Ms. P. Dhar vs Mr. D. Sharma on 17 May, 2022
HIGH COURT OF TRIPURA
AGARTALA
WP(C)No.392 of 2022
For Petitioner(s) : Ms. P. Dhar, Adv.
For Respondent(s) : Mr. D. Sharma, Addl. G.A.
HON'BLE MR. JUSTICE S. TALAPATRA
Order
17/05/2022
Heard Ms. P. Dhar, learned counsel appearing for the petitioner as
well as Mr. D. Sharma, learned Addl. G.A. appearing for the respondents.
The petitioner's mother namely Chhaya Barman(Chakraborty) who
was working as the Junior Social Education Organizer died on 01.02.2013 in a
suspicious circumstance. The petitioner was accused of killing her mother and on
the basis a complaint in that direction, a specific case was registered being
R.K.Pur P.S. Case No.43 of 2013 under Section 302 of the IPC and was
investigated by the police. The police filed the chargesheet against the petitioner.
The petitioner faced the trial for murder of his mother and he was convicted under
Section 302 of the IPC and sentenced to suffer rigorous imprisonment for life and
to pay a fine of Rs.5000/- by the Sessions Judge, Gomati Judicial District, by his
judgment and order dated 25.10.2017 delivered in ST.40(ST/U)of 2014. Being
aggrieved, the petitioner had filed an appeal before this court being Crl.A(J)13 of
2018 and this court by their judgment dated 22.05.2020, delivered in the said
appeal, acquitted the petitioner from the charge. Both the judgments of the
Sessions Court and of this court are enclosed with this writ petition.
Ms. P. Dhar, learned counsel appearing for the petitioner has pointed
out that by the memorandum dated 03.03.2022 [Annexure-9 to the writ petition]
the application of the petitioner for providing compassionate appointment under
the Die-in-Harness Scheme had been decided holding that the petitioner is not
eligible as per the scheme guidelines published vide memorandum No.F.1(3)-
GA(P&T)/98 dated 26.12.2011.
This court could not find out any reason why the petitioner has been
declared not eligible. It appears that due consideration was not made. All records
including those judgments of conviction and acquittal were not properly
appreciated.
In view of this, the matter is remitted to the competent authority to
revisit the case and decide whether the petitioner is eligible to get the
compassionate appointment under the Die-in-Harness Scheme. It is made
abundantly clear that the scheme that was in force on the day of death of the
deceased employee shall be applied for deciding the eligibility of the petitioner.
Such exercise shall be completed within a period of three months from the day
when the petitioner shall furnish a copy of this order.
In terms of the above, this writ petition stands disposed of.
There shall be no order as to costs.
A copy of this order be however supplied to Mr. D. Sharma, learned
Addl. G.A. for onward transmission.
JUDGE
Sabyasachi B
