SHARMISTHA RAY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Petitioner is a married daughter of a deceased Government servant who died while in service on 09.09.2016. The petitioner had applied on 31.10.2016 for being granted appointment on compassionate grounds as per the scheme of the Government. Since her application was not decided she filed this petition. In the reply the respondents have taken a stand that by virtue of notification dated 19.05.2017 modifying a previous die-in- harness scheme dated 26.12.2015, a married daughter would not come within the purview of the scheme.

(2.) By separate detailed judgment passed today in case of Smt. Debashri Chakraborty v. The State of Tripura and others in WP(C) No.562 of 2019 the portion of the notification dated 19.05.2017 which reads as under has been held to be unconstitutional:

(3.) Without giving separate reasons, therefore, it is held that the petitioner though a married daughter of the deceased Government servant, she would come within the purview of the die- in-harness scheme of the Government. Her application for compassionate appointment shall, therefore, be considered by the respondents on merits within a period of 4(four) months from today.