SUBHAM DEY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) These writ petitions are tied up together for disposal by a common judgment inasmuch as one identical question of law is involved in these petitions. The question that has fallen for consideration in these writ petitions is that whether a minor who is survived by the Government employee, who died in harness, can apply for the appointment on compassionate ground under the diein- harness Scheme after his attaining majority or whether his minority for the purpose of the die-in-harness scheme can be termed as the legal disability under Section 6 of the Limitation Act. For the purpose of appreciation of that question, it is required that the necessary facts sans details be laid at the outset. In W. P.(C) No.270 of 2013

(2.) The petitioner, Shri Subham Dey son of Nantu Kumar Dey, who died in harness on 06.06.2001 leaving behind three daughters and the petitioner, who at the time of death of his father was aged about 7 years as per the survival certificate dated 28.09.2001, Annexure-3 to the writ petition. The daughters were given marriage in the lifetime of the deceased employee and they were living in their respective matrimonial homes. In terms of the die-in-harness scheme those daughters cannot be treated as the member of the deceased's family. There is no dispute that the petitioner's mother died before his father. One Jhantu Kr. Dey was appointed as the legal guardian of the petitioner for withdrawal of the family pension and other pensionary benefits for the petitioner after death of his father and accordingly the said legal guardian used to receive the family pension by virtue of the certificate dated 15.05.2004 issued by the Addl. District Judge, West Tripura, Agartala in Misc.(GC) 02 of 2002.

(3.) The deceased father of the petitioner was a constable under the Superintendent of Police, West Tripura, Agartala. After about 11 years after the death of his father, the petitioner attained the majority on 10.02.2012 as the petitioner was born on 11.02.1994. On attaining the majority, the petitioner on 19.09.2012 applied for compassionate appointment under the die-in-harness scheme for death of his father in harness. It has been stated that he was asked by the Superintendent of Police (DIB), West Tripura to collect his job proposal copy on 10.06.2013 by a message dated 07.06.2013, Annexure-9 to the writ petition. On his appearance he was supplied a copy of the letter dated 24/25.05.2013, Annexure-10 to the writ petition which reads as under: