KABITA DEB Vs. STATE OF TRIPURA

JUDGEMENT

(1.) A short though interesting point to toe decided in this writ petition is, whether the married son living separately from the family would be treated as a member of the family of the deceased Government employee for the purpose of giving kith and kin appointment in the State of Tripura.

(2.) Nanda Dulal Deb was serving under the Agriculture Department in the post of Agriculture Inspector. He died on 9.3.1997 while in service leaving behind him his wife, two sons and one unmarried daughter. The petitioner is the unmarried daughter. One of the two sons got married and has been living separately in another place under different Gaon Panchayat. The petitioner approached the authority concerned by filing an application dated 11.4.1997 seeking a compassionate appointment. As no appointment has been given the petitioner has approached this Court by filing this application under Article 226 of the Constitution for giving a direction to the respondent Nos. 1 and 2.

(3.) Under Memo dated 8.6.1988 a revised employment policy of the Government was framed and instruction thereof was given. At paragraph No. VI it is provided that appointment should be given to one of the dependent son/daughter or a relative who looks after the family of the deceased employee under the die-in-harness Scheme. Thereafter, by another Memo dated 8.1.1992 a clarification was made with regard to the definition of the term 'family' which reads as follows:-