NANDA DULAL ACHARJEE Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The plaintiff-appellant herein, instituted a suit before the learned Civil Judge, Junior Division, Court No.2, West Tripura, Agartala for cancellation of Order No.F.2-8397 (P)/18562- 65 dated 30.12.1995, issued by the respondent No.2 revoking/cancelling his appointment as Night Guard on compassionate ground. The appointment was made vide order dated 17.10.1995 under the die-in-harness scheme of the Government of Tripura as the plaintiffs father Pran Gopal Acharjee died on 31.10.93 in harness. The appointment made on 17.10.95 was cancelled by the respondents on the ground that his elder brother, Shri Babul Acharjee is a Government employee and as such the provisions in Item No.4 of the Memo No.F. 1 (2) -GA/77 dated 31.5.95 bars his appointment. The learned Civil Judge decreed the suit cancelling the impugned order dated 30.12.1995. But on appeal, the learned District Judge, West Tripura, Agartala reversed the finding and dismissed the suit allowing the appeal of the State. In this appeal, this order of the learned District Judge has been challenged.

(2.) After hearing Mr. B.Das, learned senior counsel for the appellant as well as Mr. U.B.Saha, learned Govt. Advocate and taking into account the pleadings and evidence on record, following point of law is formulated for adjudication in this Second Appeal :- Whether the term 'family' as referred to in item No.4 of the Memorandum of 1995 will attract the definition of 'family' contained in Memo No. F.19 (2) - GA/77 (L) dated 8th January, 1992 or definition thereof as contained in Supplementary Rule (8).

(3.) The appointment of the appellant was made after revised Memorandum pertaining to the die-in-harness scheme of 1995 was published on 31.5.1995. Therefore, the provisions of the said Memorandum will govern the instant case. Item No.4 of the said Memorandum is quoted below :-