STATE OF TRIPURA Vs. SMTI CHITRA SABAR

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment of a learned Single Judge of this Court whereby he issued the following directions:

(2.) THE undisputed facts are that the respondent -petitioner Smt. Chitra Sabar is the daughter of Late Monoranjan Sabar. Her father was killed by extremists on 08.01.2000. At that time this girl was not even 15 years of age since she was born on 25.08.1985. After she attained majority she filed an application in Nov. 2004 for grant of employment under a scheme framed by the State of Tripura for giving certain financial benefits and/or employment to next of kin of the deceased killed in extremist violence. The scheme which was notified on February 19, 1996 reads as follows:

(3.) THE stand of the State Government is that on the date when the father was killed, the petitioner was not eligible for government appointment since she even less than 15 years of age and the minimum age for giving employment is eighteen years. On this ground it was urged that the petitioner was not eligible for employment and hence could not have been offered of appointment. The learned Single Judge took note of a clarification issued by the Government itself which was filed by the Statealong with its reply affidavit to the writ petition. The clarification reads as follows: