LAWS(TRIP)-2014-4-58

SAGAR SINGH RAWAT, S/O LATE PREM SINGH RAWAT Vs. STATE OF TRIPURA; DIRECTOR OF FIRE SERVICE, GOVERNMENT OF TRIPURA

Decided On April 28, 2014
Sagar Singh Rawat, S/O Late Prem Singh Rawat Appellant
V/S
State Of Tripura; Director Of Fire Service, Government Of Tripura Respondents

JUDGEMENT

(1.) By filing this writ petition, the petitioner prayed for a mandamus directing the respondents to appoint him to any suitable post on compassionate ground, under Die-in-Harness Scheme, according to his qualifications, for the death of his father, Prem Singh Rawat, who died(murdered) on 05.09.2009, while in service as a Fireman under the Directorate of Fire Services of the Home Department, Government of Tripura and also prayed for quashing Memo. dated 14.08.2013(Annexure-5 to the writ petition) under which the prayer of the petitioner for such a job under Die-in- Harness Scheme has been refused.

(2.) Heard Mr. A.K. Bhowmik, learned senior counsel, assisted by Mr. Raju Datta, learned counsel for the petitioner and Mr. T. Datta Majumder, learned GA for the respondents.

(3.) Case of the petitioner, in short, is that his father, Prem Singh Rawat, while working as a Fireman under the Directorate of Fire Services, Government of Tripura and was posted at Panisagar, murdered on 05.09.2009, and at that time his father was living alone there and the petitioner with his mother and sisters were living at their ancestral home at Uttaranchal, and the petitioner was prosecuting his studies in Class-IX and was aged about 21 years. After the death of his father he came to Tripura and made an application on 02.02.2010(Annexure-3 to the writ petition) seeking job under Die-in-Harness Scheme but that petition was not in prescribed format. His father had a ration card while serving in Belonia under South Tripura district and at that time the petitioner was also living with his father but after his father was transferred from Belonia to Panisagar the said ration card was not transferred, and thereafter, the petitioner with his mother and sisters also left Tripura and had been living at Uttaranchal. After the death of his father, the petitioner, for making an application in prescribed format, was in need of a Ration Card, Permanent Resident Certificate, Aadhar Card, etc., and the petitioner spent time for collecting those certificates and, ultimately made formal application on 01.09.2012(Annexure-4 to the writ petition) seeking job under Die-in-Harness Scheme. By writing a letter dated 14.08.2013 (Annexure-5 to the writ petition) the respondents informed him that the Government regretted the prayer of the petitioner and, hence, having felt aggrieved, the petitioner preferred the writ petition seeking relief as stated hereinbefore.