HAJERA BEGUM Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Whether a second wife is not at all entitled to receive appointment, under the relevant Scheme of die-in-harness, in the State of Tripura, is the moot question, which this writ petition has raised. I have heard Mr. A. Sengupta, learned counsel for the writ petitioner, and Mr. B. Dutta, learned Government counsel, appearing on behalf of the State respondents. I have also heard Mr. A.K. Bhowmik, learned Senior counsel, appearing as amicus curiae in this case.

(2.) The petitioner's husband, late Maharam Ali, entered into service as Grade-D employee, in the year 1983, in the Department of Education, Government of Tripura, when he was already married. Maharam Ali married the present writ petitioner, as his second wife, in the year 1989. While in service, Maharam Ali died on 20.10.2007. Shortly after the death of Maharam Ali, requisite application was made by the present petitioner seeking appointment under the State Government's die-in-harness Scheme. As the petitioner's said application, seeking appointment, has not yielded any fruitful result, the petitioner has approached this Court with the help of this writ petition, made under Article 226 of the Constitution of India, seeking appropriate direction(s) to the respondents to provide her with a suitable appointment under the die-in-harness Scheme of the State Government.

(3.) While considering the present writ petition, claiming appointment under the die-in-harness Scheme, it is apposite to take note two of the essential conditions and/or the eligibility criteria of an applicant seeking appointment under the said Scheme. To receive appointment under the Scheme of die-in-harness, an applicant must be, other-wise, eligible for Government appointment. Besides this, the eligibility criteria of the applicant have to be determined on the date of the death of the person, whose death gives rise to a right to apply for employment under the Scheme of die-in-harness.