STATE OF TRIPURA Vs. RAKESH DEBBARMA
LAWS(TRIP)-2021-5-5
HIGH COURT TRIPURA
Decided on May 10,2021

STATE OF TRIPURA Appellant
VERSUS
Rakesh Debbarma Respondents

JUDGEMENT

AKIL KURESHI, C.J. - (1.) This appeal is filed by the State Government to challenge the judgment of the learned Single Judge, dated 3rd September 2019, passed in WP(C) No.1085/2018. Respondent herein was the original petitioner. His father was working in Group-D post under the Director, Secondary Education, Government of Tripura. While in service, the petitioner's father expired on 10th September 2012. The petitioner, first applied for the death certificate and after obtaining the death certificate, applied to the Government authorities for issuance of a survival certificate. Survival certificate was issued on 26th November, 2013 which showed that the deceased was survived by his 3 sons and 1 daughter, the petitioner being the eldest, aged around 18 years, his other siblings were aged 14, 12 and 7 years. The mother of these children had expired on 6th January, 2011.
(2.) On 5th March 2014, the petitioner applied to the Government for appointment under Die-in-harness Scheme. In such application, the petitioner stated that 'In our family, our father was the only source of income and he was the only employee and our mother died six years back. As a result, he was the only source of income in our family. (b) At present myself and my two minor brothers and one minor sister and their age is 13, 8 and 6 respectively and we have no guardian to maintain or to take care of our family. At present, we are passing our days with starvation. To continue education and study has become difficult and as such, to save and survive our family, I pray with folds hand for a govt. job under die-in-harness scheme.'
(3.) In this application, the petitioner also stated that to collect survival certificate and death certificate there was some delay and 'due to my ignorance and absence of any proper guidance I could not submit the prayer within the stipulated period.';


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