Tripura High Court
Pampa Debnath vs The State Of Tripura And 3 Others on 9 January, 2023
HIGH COURT OF TRIPURA
AGARTALA
WP(C) 981/2022
Pampa Debnath ----Petitioner(s)
Versus
The State of Tripura and 3 others ----Respondent(s)
For the Petitioner(s) : Mr. P. Roy Barman, Sr. Advocate
Mr. S. Bhattacharjee, Advocate
For Respondent(s) : Mr. M. Debbarma, Additional GA
HON'BLE MR. JUSTICE ARINDAM LODH
Order
09/01/2023
Heard Mr. P. Roy Barman, learned senior counsel assisted by Mr. HK
Bhowmik, learned counsel appearing for the petitioner. Also heard Mr. M.
Debbarma, learned Additional GA appearing for the respondents-State.
By way of filing the instant writ petition, the petitioner has prayed for
compassionate appointment under die-in-harness scheme.
Brief facts are that, the father of the petitioner was a government
employee working as Panchayat Secretary, who died on 13.11.2014. After
his death, the petitioner had submitted an application for compassionate
appointment to the respondents- authority concerned in the year 2015 i.e.
within a year, as per the scheme. Her application was rejected in the year
2017 for the reason that a married daughter does not come within the
purview of die-in-harness scheme framed by the Government of Tripura.
In the year 2022, a Division Bench of this Court had passed a
judgment that the scheme is ultra vires to the Constitution and is violative of
Article 14 of Constitution of India since married daughter was excluded
from the purview of the scheme, and held that a married daughter is entitled
to compassionate appointment. Thereafter, the petitioner filed the instant
writ petition claiming compassionate appointment. In the meantime, the
State government i.e. respondent no. 1 has come out with the scheme under
which circumstances a married daughter should be provided with a
government job under die-in-harness scheme.
In the earlier scheme dated 02.03.2019, there was no provision for
providing compassionate appointment to the married daughter. After the
judgment of this Court, the Government of Tripura has included and brought
the married daughter within the ambit of the scheme and made provision for
compassionate appointment to the married daughter. The said amendment
was carried out under notification dated 06.07.2022.
It is stated in the said notification dated 06.07.2022 that in the event of
consideration of married daughter for the purpose of job under the scheme,
the income of her husband will be taken into consideration to determine her
eligibility. Moreover, if the husband or son of the married daughter of the
deceased employee is employed in service, such married daughter shall not
come under the purview of this scheme.
I have considered the submissions advanced by learned counsel
appearing for the petitioner as well as the object of the scheme, as mentioned
in the notification dated 06.07.2022.
In view of this, I direct the respondents to make a fresh inquiry
whether the petitioner is eligible for compassionate appointment as per the
scheme under notification dated 06.07.2022. Such inquiry shall be
completed within a period of 30 days from today. Thereafter, necessary
information shall be provided to the petitioner. If the respondents find that
the petitioner is eligible for government job under the scheme dated
06.07.2022, she shall be provided with suitable job commensurate to her
qualification.
With the aforesaid observations and direction, the instant writ petition
stands disposed.
JUDGE
Saikat
