Tripura High Court
Sri Bikram Suklabaidya vs The State Of Tripura on 3 May, 2023
HIGH COURT OF TRIPURA
AGARTALA
WP(C) 275 of 2023
Sri Bikram Suklabaidya
S/o late Biju Suklabaidya (father)
Late Kabita Das (Suklabaidya) (mother)
Resident of - Lob Nath Lane, Dharmangar, North Tripura, PIN: 799253
---Petitioner
Versus
1. The State of Tripura
Represented by the Principal Secretary to the Government of Tripura,
Department of Health and Family Welfare, Government of Tripura, New Capital
Complex, PO: Kunjaban, Agartala, West Tripura
2. The State of Tripura,
Represented by the Principal Secretary to the Government of Tripura, Department
of Finance, Government of Tripura, New Capital Complex, PO: Kunjaban, Agartala,
West Tripura
3. The Director, Directorate of Health Service, Government of Tripura, Agartala, West
Tripura
4. Medical Superintendent, District Hospital, North Tripura, Dharmangar.
----Respondent
For Petitioner(s) : Ms. R. Purkayastha, Adv.
For Respondent(s) : Mr. D. Sarma, Addl. GA.
Date of hearing and date of
judgment and order : 03.05.2023.
Whether fit for reporting : No
HON'BLE MR. JUSTICE T. AMARNATH GOUD
Judgment & Order (Oral)
This is an application under Article 226 of the Constitution of India for
invoking the writ jurisdiction of this Hon'ble Court by issuing the Writ of
Mandamus directing the respondents to provide the petitioner, Sri Bikram
Suklabaidya, a suitable job under "Die-in-harness" scheme as per his academic
qualification due to the sudden death of his mother, Kabita Das Suklabaidya, while
in service as a Group-D employee (ex-General Duty Attendant) under the control
of the respondents and to disburse all the unpaid death benefits of his deceased
mother (including leave salary, provident fund, payment under Group Insurance
scheme, Family Pension w.e.f. 01.06.2021 till payment) to the petitioner.
[2] It is the case of the petitioner that under Memo dated 27.07.2012
Kabita Das (Suklabaidya), mother of the petitioner had been appointed on
compassionate basis due to the untimely death of her husband i.e. the father of
the petitioner Late Biju Suklabaidya, to the post of General Duty Attendant
(Group-D). On 27.11.2020 A.D most unfortunately the mother of the petitioner
had expired while in service. At the time of her death, said Kabita Das
(Suklabaidya) left behind the petitioner as only survivor (son). At the time of
death of his mother, he was aged about 19 years and had already passed Class
VIII examination in the year 2015 and as such at the time of death of this mother,
he was eligible for getting a job under die-in-harness scheme. As of now he is
approximately 21 years old i.e. he fulfils the requisite qualification regarding age
for getting a government job. Immediately, after the death of his mother, the
petitioner had submitted an application along with the prescribed format before
the respondent No.4 on 03.05.2021 for his appointment on compassionate ground
but since he had got no response from all respondent in respect of his
appointment under die-in-harness scheme as well as payments of all the death
benefits of his mother was also not made, thereof again on 11.04.2023, the
petitioner had submitted another representation before the respondent No.4 for
his compassionate appointment and payment of all the death benefits of his
deceased mother (including leave salary, Provident fund, Payment under Group
insurance scheme, Family Pension w.e.f. 01.06.2021) but withtout any result.
[3] Being aggrieved and finding no other alternative, the petitioner filed
this writ petition before the Hon'ble High Court of Tripura seeking the following
reliefs:
(i) Admit this petition
(ii) Issue notice upon the respondents
(iii) Call for the records and
(iv) After hearing the parties would be pleased enough to direct the respondents to
provide a suitable job to the petitioner immediately as per his qualification under the
die-in-harness scheme due to the sudden death of his mother Kabita Das
Suklabaidya while in service as a Group-D employee (ex-General Duty Attendant)
under the control of the respondents and further direct to disburse all the unpaid
death benefits of his deceased mother (including leave salary, Provident Fund,
payment under Group Insurance scheme, Family Pension w.e.f 01.06.2021 till
payment to the petitioner.
[4] Heard Ms. R. Purkayastha, learned counsel appearing for the
petitioner as well as Mr. D. Sarma, learned counsel appearing for the respondents.
[5] It is evident from the record that immediately after the death of
mother of the petitioner, the petitioner had submitted an application along with
the prescribed format before the respondent No.4 on 03.05.2021 for his
appointment on compassionate ground. But since he had got no response from all
respondent in respect of his appointment under die-in-harness scheme as well as
payments of all the death benefits of his mother was also not made, thereof again
on 11.04.2023, the petitioner had submitted another representation before the
respondent No.4 for his compassionate appointment and payment of all the death
benefits of his deceased mother but without any result.
[6] Heard both sides and perused the evidence on record. This present
writ petition is disposed of with a direction upon the petitioner to file separate
representation making his respective claims before the respondent No.4 and also
enclose any other materials in addition to the earlier representation filed if so
advised. On the receipt of the same, the respondent No.4 shall pass a separate
speaking order in respect of the separate representation filed by petitioner and the
same shall be communicated to him. This exercise shall be completed within a
period of 3(three) months from the date of receipt of such representation from the
petitioner.
[7] With the above observation and direction, this present writ petition
stands disposed of. As a sequel, stay if any stands vacated, pending
application(s), if any also stands closed.
JUDGE
Dipak
