TAHAMINA AKTAR Vs. STATE OF TRIPURA
HIGH COURT TRIPURA
STATE OF TRIPURA
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S. Talapatra, J. -
(1.)Heard Mr. K. Nath, learned counsel appearing for the petitioner as well as Mr. N. Chowdhury, learned GA appearing for the respondents.
(2.)By means of this writ petition, the petitioner who lost her husband namely Abul Kashem on 1/12/2017 has urged this court to direct the respondents to give her appointment under Die-in-Harness Scheme. The husband of the petitioner was working as a lower division clerk (LDC, in short) in the Department of Agriculture, Government of Tripura on the day of death. According to the petitioner, she is entitled to compassionate appointment but was not provided to her. Being dissatisfied, she has filed this application urging this court to direct the respondents to appoint her under the die-in-harness scheme as she is otherwise eligible for getting such appointment under that scheme. That apart, the petitioner has urged this court to direct the respondents No.1 to 5 to release the monthly family pension and other benefits owing to his husband's death in harness. So far the pension is concerned, as per the CCS (Pension) Rules, the petitioner alone is entitled to get the pension, but so far the other benefits are concerned, those since constitute the property of the deceased, the other legal heirs, including the respondent No.6 has right to get the equal share of the property.
(3.)Be that as it may, as per the direction of this court, the petitioner has filed an undertaking supported by an affidavit on 24/4/2009 that she will maintain the other dependent members of the family left by her husband including her mother-in-law namely Kadbhanu Bibi, the respondent No.6. She has further undertaken that if the family members be neglected or are not properly maintained by her, her appointment might be terminated on such ground.
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