SAJAL DEB Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. K. N. Bhattacharjee, learned senior counsel assisted by Mr. P. Saha, learned counsel appearing for the petitioner as well as Mr. N. Choudhury, learned G.A. appearing for the respondents.

(2.) By means of this writ petition, the petitioner has urged this court for quashing the decision borne in the letter No.F.2(DRW-13)-ARDD/ESTT/17/17527 dated 25.01.2019 [Annexure-8 to the writ petition]. The petitioner has further urged this court to direct the respondents No.1, 2, 3 to provide the petitioner a suitable job in the Group-C category under the Die-in-Harness scheme as modified by the memorandum dated 26.12.2011 issued by the GA(P&T) Department, Government of Tripura. There is no dispute that the petitioner's father was working as DRW since 09.07.2013 in terms of the order No.F.2(462)-ARDD/ESTT/12(G)/4893-95 dated 09.07.2013. The said appointment was made on his completion of 10 years of service as Part Time Worker [PTW]. Unfortunately, the petitioner's father namely, Nishi Kr. Deb died on 26.11.2014 while he was engaged as DRW. The petitioner made an application for compassionate appointment commensurate to his qualification on 18.03.2015 to the Director, Animal Resources Development Department through the Assistant Director, Animal Resources Development Department. As no decision was forthcoming, the petitioner had served a notice on 07.08.2017 demanding immediate action for providing him a suitable job under Die-in-Harness scheme. The process was initiated, but by the reply dated 11.09.2017, the Director, Animal Resources Development Department, the respondent No.3 herein, informed the petitioner that the Sub-Divisional Magistrate, Mohanpur, had been verifying the relevant facts. On 03.11.2018, the petitioner informed the respondent No.3 that the verification report had been sent by the SDM, Mohanpur to the respondent No.3 in the month of December, 2017. Finally, the respondent No.3 by his letter No.F.2(DRW-13)- ARDD/ESTT/17/17527 dated 25.01.2019 [Annexure-8 to the writ petition] had informed the petitioner that the Finance Department had regretted the proposal for appointment under the Die-in-Harness scheme. According to the petitioner, the Finance Department has not assigned any reason.

(3.) The respondents by filing the reply have stated that the Finance Department has given the reason that the dependant family member of a DRW cannot be provided a compassionate appointment under the Die-in-Harness scheme. In this reply, they had referred to the memorandum under No.F.1(1)-GA/97 dated 11.08.1997 where it has been provided that if a Government employee, having family member(s) working as daily rate/contingent labourer(s)/worker(s), expires while in service, the daily rate/contingent worker/labourer amongst the surviving members of the family or one of them as selected by the family members, if there is more than one, may be given the regular employment, subject to eligibility. It has been further provided that the Die-in-Harness scheme shall be applicable to all permanent labourers who are covered under the Permanent Labourer (Recruitment and Conditions of Service) Rules, 1983.