CHANDANA ROY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THE petitioners have moved this Court seeking a direction for extending the benefit of employment contemplated under the die-in-harness scheme prevalent in the State of Tripura. The petitioners are also putting forward an alternate claim for alternate benefit as applicable, if such employment cannot be granted. The basis of the petitioners' claim arose out of the death of Ranjit Kumar Roy on 26. 05. 1996, who was serving as Assistant Teacher in Ram Thakur Pathshala Primary school - which is a privately managed Government aided school in the State of Tripura. Late Ranjit Kumar Roy was the husband of the petitioner No. 1 and is the father of petitioner No. 2 who have advanced the claim for compassionate appointment on the basis of the death of Ranjit Kumar Roy.

(2.) THE application presented for compassionate appointment by the petitioners was forwarded to the Director of School Education by communication dated 10. 03. 1997 (Annexure-3) by the school authority in which the deceased rendered his services. However, no decision on the claim put forward was taken by the respondent-authorities and accordingly, the two writ petitioners are before this Court seeking the relief noted above.

(3.) THE benefit of compassionate appointment under die-in-harness scheme was introduced by the Tripura Government confining the benefit to the legal heirs of only deceased Government servants and teachers who are working in Government schools. Thereafter, a memorandum dated 13. 08. 1996 was issued (Annexure-R/1) whereby it was provided that financial assistance of Rs. 50,000/- would be given by the Government, where no person could provided employment under the die-in-harness scheme introduced by the Government. In the said circular dated 13. 08. 1996, it was indicated that the financial benefit envisaged under the said circular shall be effective from 01. 06. 1996 but the said benefit will be extended to all pending cases where employment has not been provided so far. Although the benefit of compassionate appointment/financial assistance was not envisaged in terms of the previous policies of the Government, in respect of employees of privately managed Government aided schools in Tripura, the Government thought it appropriate to issue Memorandum dated 19. 11. 1997 whereby the Government indicated its decision to 'extend' the benefit under the die-in-harness scheme, to the teaching and non-teaching employees of the privately managed Government aided schools in Tripura. The writ petitioners are claiming the benefit of a job/financial assistance under the die-in-harness scheme operating in the State of Tripura, benefit of which was 'extended' to employees of privately managed Government aided schools by notification dated 19. 11. 1997. The contention raised in support of the writ petitioner by Mr. Somik Deb, learned counsel through elaborate arguments can broadly be noted as under:-