LAWS(TRIP)-2016-7-14

SHRI RAJIB SARKAR Vs. THE STATE OF TRIPURA

Decided On July 11, 2016
Shri Rajib Sarkar Appellant
V/S
The State of Tripura Respondents

JUDGEMENT

(1.) The instant writ petition is filed by the petitioner Sri Rajib Sarkar for quashing the letter No.3692/F.5(39)/ESTT/MTF/2005 dated 19th June, 2006 issued by the respondent No.4 and letter No.24000/F16(283) -PHQ/2005 dated 18.07.2008 issued by the Respondent No.3 refusing to provide government job to the petitioner under the Die -in -Harness Scheme and also to issue a direction to the respondents for providing him a suitable job on compassionate ground under the Die -in -Harness Scheme.

(2.) The facts and circumstances giving rise to this writ petition are that one Rakhal Sarkar, who was serving as Head Clerk on regular basis under the respondents, died on 06.09.2004 living behind the petitioner and his mother and one married sister. As the mother was overaged and the elder sister of the petitioner was married, they had no right to seek employment under the Die -in -Harness Scheme. In these circumstances, the mother of the petitioner submitted an application on 08.07.2005 to the respondent No.4 through the respondent No.3 stating that after the death of her husband she earlier made a prayer for employment of the petitioner but at that time the petitioner did not pass the madhyamik examination. Thereafter, the petitioner passed the madhyamik examination and she prayed for employment of the petitioner under the Die -in -Harness Scheme. Thereafter, the mother of the petitioner submitted another application on 29.06.2006 stating inter alia that at the time of death of her husband, the petitioner was aged 16 yrs 4 months and by then he attained 18 years of age and she prayed for appointing the petitioner so as to tide over the hardship of the family facing in absence of any employment in the family.

(3.) The respondent No.4 by issuing letter dated 19.06.2006 informed that the petitioner was underaged on the date of death of his father and as such prayer for government job of the petitioner under the Die -in -Harness Scheme could not be considered and that the mother of the petitioner might apply for financial assistance amounting to Rs.50,000/ - instead of government job. The mother of the petitioner again made a representation but the same was also not considered. Thus, the instant writ petition.