Tripura High Court
Sri Braja Gopal Acharjee vs The State Of Tripura on 20 August, 2018
Author: Ajay Rastogi
Bench: Ajay Rastogi
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HIGH COURT OF TRIPURA
AGARTALA
W.P. (C) No.1574/2017
Sri Braja Gopal Acharjee, S/O - Late Dinesh Acharjee,
Of Village - West Manu (Manpathar), P.O. - Manpathar,
P.S. - Santir Bazar, District - South Tripura.
---- Petitioner(s).
Versus
1. The State of Tripura,
Represented by the Commissioner
Cum Secretary to the Government of Tripura,
Department of School Education,
Government of Tripura, New Capital Complex,
P.O. - Kunjaban, Agartala, West Tripura.
2. The Director of School Education,
Government of Tripura, P.O. - Agartala,
P.S. - West Agartala, District - West Tripura.
3. The Deputy Director of Education,
South District Zonal Office, Udaipur,
P.O. & P.S. - R.K. Pur, District - Gomati Tripura.
4. The Inspector of Schools,
Santir Bazar, P.O. & P.S. - Santir Bazar,
District - South Tripura.
---- Respondent(s).
For Petitioner(s) : Mr. A. Acharjee, Advocate. For Respondent(s) : Mr. M. Debbarma, Addl. GA.
HON'BLE THE CHIEF JUSTICE MR. AJAY RASTOGI Order 20/08/2018.
The petitioner is claiming himself to be one of the dependants of the deceased employee, who was serving in Group-D and died while in service on 27.11.2003 leaving behind six survivors as reflected from the Survival Certificate dt.17.12.2003.
2. The petitioner submitted his application as one of the dependant of the deceased employee, which was forwarded from the Page - 2 of 5 office of the Dy. Director of Education, South Dist. Zonal Office, Udaipur, South Tripura dt.05.08.2004 addressed to the Director of School Education, Government of Tripura.
3. It reveals from the record that along with the application the petitioner enclosed one of his Transfer Certificate bearing Sl. No.524006 (Annexure-R/3) to show his educational qualification and in the application form also he disclosed that he is holding the qualification of Class-VIII pass. The State Government also took sufficient long time in examining the application and such delay on the part of Government cannot be appreciated by this court, but the State Government vide communication dt.16.01.2010 disposed of the application filed by the petitioner seeking job on die-in-harness holding that he was not eligible for employment as a Transfer Certificate bearing No.524006 submitted by him is not genuine as reported by the Teacher-in-charge, Betaga High School, Santirbazar, South Tripura and further observed that the family become eligible for providing financial assistance of Rs.50,000/- may apply for financial assistance through the Inspector of Schools, Santirbazar, South Tripura.
4. The communication made to the petitioner dt.16.01.2010 came to be challenged after almost 7 years of the communication made in the year 2017 by the instant writ petition and along with the petition, the petitioner enclosed a Transfer Certificate (Annexure-E) bearing No.006223 dt.29.04.2008 to justify that he holds the minimum educational qualification and the reasons assigned by the respondent Page - 3 of 5 under its communication dt.16.01.2010 need to be interfered by this court.
5. After the notices came to be served, counter affidavit has been filed by the respondents and when the matter last came before the court on 15.06.2018, this court directed the petitioner's counsel to place on record the Transfer Certificate bearing No.524006, which was submitted by him along with the application for seeking compassionate appointment and to the respondents' counsel to place the Transfer Certificate, which was enclosed by the petitioner along with the application bearing No.524006, on record.
6. In compliance of the order of the court, the State Government along with an affidavit has placed on record a Transfer Certificate bearing Sl. No.524006 (Annexure-R/3) which was enclosed by the petitioner along with the application issued by the Headmaster on 06.08.1993.
7. The two certificates are on record i.e. Transfer Certificate No.524006 and the later certificate is not a duplicate copy of the earlier certificate, which the petitioner obtained Sl. No.006223 (Annexure-E). The mode of contention of the petitioner's counsel is that the Transfer Certificate furnished by the petitioner (Annexure-E) is a genuine document but there is neither denial nor any explanation regarding the Transfer Certificate of Sl. No.524006 (Annexure-R/3), which the respondent has now placed on record under the direction of this court.
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8. Counsel for the petitioner submits that he is one of the dependants of the deceased employee, who died-in-harness on 27.11.2003 and since there is no period of limitation, at least he can be considered for a suitable job and the order of rejection passed by the respondents dt.16.01.2010 needs to be interfered by this court.
9. The object behind consideration for compassionate appointment under the die-in-harness scheme is to enable the family to get over the financial crisis which it faces at the time of death of the sole breadwinner. It is to alleviate the distress of the family and the compassionate employment cannot be claimed after inordinate lapse of time and after the crisis over.
10. The submission made by the petitioner is without substance for the reason that his father died while in service on 27.11.2003 although there was delay on the part of the respondents in making communication to the petitioner dt.16.01.2010 but the delay on the part of the Government will not absolve the petitioner of filing of the writ petition after seven years of the impugned communication with no satisfactory explanation and that apart the reason assigned for rejection of his candidature was in reference to the Transfer Certificate bearing No.524006 submitted by the petitioner. It was observed that the Transfer Certificate was not genuine as reported by the Teacher-in-charge of Betaga High School, Santirbazar, South Tripura. It might be possible that time was consumed in holding inquiry in reference to the Transfer Certificate furnished by the petitioner, but the ultimate fact remains that his father died on 27.11.2003 and for all practical purposes almost 15 years have rolled Page - 5 of 5 by now and the very object in affording employment under the die- in-harness scheme keeping in mind the family came in destitute at a given point of time as they lost their bread winner has overcome by passage of time and this court find no sufficient justification in condoning the inordinate delay in filing the instant writ petition and no one can claim appointment under the die-in-harness scheme as a matter of right being an exception to the regular mode of recruitment mandated u/Art.14 of the Constitution. In the given circumstances, this court is not inclined to exercise for the reason assigned its inherent jurisdiction under Art.226 of the Constitution of India.
11. Consequently, in my considered view, the writ petition is without substance & accordingly, dismissed.
CHIEF JUSTICE Certificate:- All corrections made in the judgment/order have been incorporated in the judgment/order sima