SUKESH DEBNATH; KUMARI SOMA DEBNATH; KUMARI SUMITRA DEBNATH Vs. STATE OF TRIPURA; DIRECTOR OF EDUCATION; SARAJA DEBNATH; PRATIMA DEBNATH

JUDGEMENT

(1.) Heard learned Sr. counsel Mr. A. K. Bhowmik assisted by learned counsel Mr. R. Dutta for the petitioners and learned Sr. counsel, Mr. S. Deb assisted by learned counsel Mr. S. Dutta for the respondent Nos. 3, 4 and 5 and learned counsel Mr. N. Majumder for the respondent Nos. 1 and 2.

(2.) It is inter alia, contended by the petitioners that their father Khushi Debnath was working as a Group 'D' employee under the Directorate of Education, Govt. of Tripura (respondent No.2) and was posted at Ghilatali Bazar Class XII School. He died in-harness on 23.04.2004. At the time of his death, he left behind the petitioners as his son and daughters through his second wife Smt. Anjana Debnath and respondent No.3 as his first wife as well as respondent Nos. 4 and 5 as his daughter and son through his first wife.

(3.) Respondent Nos. 1 and 2 by filing a counter affidavit contended that unless and until the petitioners and the respondent Nos. 3 to 5 come to an amicable settlement, it is difficult for the answering respondents to finalise the pension and other pensionary benefits and also to take final decision regarding employment under the die-in-harness scheme and hence, the writ petition is premature one and based on disputed fact for which the writ petition is liable to be dismissed. It is also contended by the respondent Nos. 1 and 2 that respondent No. 3 Smt. Saraja Debnath, the first wife of deceased Khushi Debnath has been proposed to provide a Govt. job under die-in-harness scheme and the same is under consideration of the Department. It is also stated that the pension and other pensionary benefits will be provided to all the legal heirs of deceased employee in accordance with law.