JAYA RANI GHOSH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. P.C. Das, learned counsel for the petitioner and Mr. U.B. Saha, learned senior Govt. Advocate, assisted by Mr. D.C. Nath, learned counsel for the respondents.

(2.) The case of the petitioner is that her husband Himangshu Bhusan Ghosh died-in- harness while serving as Pharmacist in the Health Department, Government of Tripura on 4.6.1994. On 11.7.1995 and thereafter on 22.6.1998 applications were made before the respondent No. 3 for appointment on compassionate ground as per Government's guidelines and Memo No. F.2(48)-MS/ESTT- II/79/882)V-I) dated 20.9.1995 andMemo No. F.2 (48) MS/ESTT-II/79/9135 (V-I) dated 17.8.1998. The prayer of the petitioner was rejected vide impugned orders, Anexures-5 and 6 on the ground that one of the daughters of the deceased, Smti Swapna Ghosh is already in Government service.

(3.) Under the Govt. Memo dated 13th August, 1996 (Annexure-8) employment may be provided to one member of the family provided there is no earning member in the family. The learned counsel for the petitioner submits that on the date of death, none of the family members of the deceased were in Govt. service and moreover, Smti Swapna Ghosh was appointed in Govt. service not under die- in-harness scheme, but on the strength of her merit and as such another member of the deceased family is entitled to appointment under the above scheme. In the case of Life Insurance Corporation of India, appellant vs. Asha Ramchhandra Ambekar (Mrs) and another, respondents (1994) 2 SCC 718, the Apex Court has observed that the courts order appointment on compassionate grounds dehors the provisions of statutory regulations and instructions. Hardship of a candidate, held, does not entitle him to compassionate appointment dehors statutory provisions. As per the Office Memorandum, and guidelines issued by the State of Tripura, appointment under compassionate ground is available to the members of bereaved family provided there is no other member of the family in employment. Admittedly, after the death of the father, Smti Swapna Ghosh was appointed in a Govt. job under the State of Tripura. The fact that Smti Swapna Ghosh was not appointed under die-in-harness scheme, is immaterial and not relevant for the purpose. This court also took a similar view in the matter in the case of Kabita Deb, petitioner vs. State of Tripura and others, respondents, 2000(1)GLT 624,(2000) 2 GLR 530. A Division Bench of this court also in the case of State of Manipur, appellant vs. K.H. Jasobanta Singh, respondent, 1999 (3) GLT 590 held that the court cannot issue any direction contrary to the scheme. The decision in the case of Life Insurance Corporation (supra) was reiterated by the Apex Court in the case of State of H.P. and another, appellants vs. Jafli Devi (Smt), respondent, (1997) 5 SCC 301.