Partly allowed

Samir Sen v. Union of India and Ors.

Tripura HC15 Sept 2017WP(C)/227/2017

Case brief

AI extract

What is this about?

Claimants excluded from the list of trained SSB volunteers sought recognition and recommendation for utilisation of their services. The court partly allowed their petitions, directing submission of records within three months for verification and conditional recommendation, with benefits equal to those available to volunteers already recommended.

What did the court decide?

Verification upon submission of records within three months; recommendation to the State Government if identity and training are established, with equal benefits upon recommendation.

Samir Sen Vs Union of India and Ors. — Service and Employment | Tripura HC (2017)

¶1

THE HIGH COURT OF TRIPURA AGARTALA

¶2

WP (C) No. 226 of 2017

¶3

Petitioner:

¶4

Smt. Aruna Acharjee (Bhattacharjee) ,

¶5

wife of Sri Santu Bhattacharjee, daughter of Sri Makhan Acharjee, resident of Kunjaban, P.O. & P.S. Kalyanpur, District- West Tripura

¶6

By Advocate: Mr. PK Dhar

¶7

Mr. RG Chakraborty

¶8

– V e r s u s –

¶9

Respondents

¶10

1. The Union of India ,

¶11

represented by the Secretary, Government of India, Ministry of Home Affairs, North Block, New Delhi

¶12

2. The Director General ,

¶13

Sashastra Seema Bal (S.S.B.), Block-V (East), R.K. Puram, New Delhi

¶14

3. The Chairman , Board No. 5, Sector HQ, S.S.B. Kokrajhar, B.T.A.D., Assam

¶15

4. The State of Tripura ,

¶16

represented by the Chief Secretary, Government of Tripura, Civil Secretariat, New Capital Complex, Kunjaban, P.S. N.C.C., Agartala, West Tripura

¶17

6. All Tripura S.S.B. Volunteers Association , Kailashahar, Unakoti, Tripura, represented by its President, Sri Amulya Kumar Das, Howr Bazar, Kailasahar

¶18

By Advocate:

¶19

For the respondents No. 1,2 and 3: Mr. H. Deb, ASG

¶20

Mr. B. Majumder, CGC For the respondent No. 4 : Mr. Kohinoor N. Bhattacharji For the respondent No.6 : None

¶21

WP (C) No. 227 of 2017

¶22

Petitioner:

¶23

Sri Samir Sen , son of Sri Shasanka Sen, resident of Office Tilla, Teliamura, P.O. Maiganga, P.S. Teliamura, District- Khowai, Tripura

¶24

By Advocate: Mr. PK Dhar

¶25

Mr. RG Chakraborty

¶26

¶27

– V e r s u s –

¶28

Respondents

¶29

1. The Union of India ,

¶30

represented by the Secretary, Government of India, Ministry of Home Affairs, North Block, New Delhi

¶31

2. The Director General ,

¶32

Sashastra Seema Bal (S.S.B.), Block-V (East), R.K. Puram, New Delhi

¶33

3. The Chairman , Board No. 5, Sector HQ, S.S.B. Kokrajhar, B.T.A.D., Assam

¶34

4. The State of Tripura , represented by the Chief Secretary, Government of Tripura, Civil Secretariat, New Capital Complex, Kunjaban, P.S. N.C.C., Agartala, West Tripura

¶35

6. All Tripura S.S.B. Volunteers Association , Kailashahar, Unakoti, Tripura, represented by its President, Sri Amulya Kumar Das, Howr Bazar, Kailasahar

¶36

By Advocate:

¶37

For the respondents No. 1,2 and 3: Mr. H. Deb, ASG Mr. B. Majumder, CGC For the respondent No. 4 : Mr. Kohinoor N. Bhattacharji For the respondent No.6 : None

¶38

WP (C) No. 228 of 2017

¶39

Petitioner:

¶40

Sri Bhabatosh Majumder ,

¶41

son of late Ramani Majumder, resident of East Rangamati, P.O. Rangamati, P.S. Birganj, District- Gomati, Tripura

¶42

By Advocate: Mr. PK Dhar

¶43

Mr. RG Chakraborty

¶44

– V e r s u s –

¶45

Respondents

¶46

1. The Union of India ,

¶47

represented by the Secretary, Government of India, Ministry of Home Affairs, North Block, New Delhi

¶48

2. The Director General , Sashastra Seema Bal (S.S.B.), Block-V (East), R.K. Puram, New Delhi

¶49

3. The Chairman , Board No. 5, Sector HQ, S.S.B. Kokrajhar, B.T.A.D., Assam

¶50

¶51

4. The State of Tripura , represented by the Chief Secretary, Government of Tripura, Civil Secretariat, New Capital Complex, Kunjaban, P.S. N.C.C., Agartala, West Tripura

¶52

6. All Tripura S.S.B. Volunteers Association , Kailashahar, Unakoti, Tripura, represented by its President, Sri Amulya Kumar Das, Howr Bazar, Kailasahar

¶53

By Advocate:

¶54

For the respondents No. 1,2 and 3: Mr. H. Deb, ASG

¶55

Mr. B. Majumder, CGC For the respondent No. 4 : Mr. Kohinoor N. Bhattacharji For the respondent No.6 : None

¶56

WP (C) No. 229 of 2017

¶57

Petitioner:

¶58

Sri Sam Lal Das ,

¶59

son of late Narayan Das, resident of East Rangamati, P.O. Rangamati, P.S. Birganj, Amarpur, Dist. Gomati Tripura

¶60

By Advocate: Mr. PK Dhar

¶61

Mr. RG Chakraborty

¶62

– V e r s u s –

¶63

Respondents

¶64

1. The Union of India ,

¶65

represented by the Secretary, Government of India, Ministry of Home Affairs, North Block, New Delhi

¶66

2. The Director General , Sashastra Seema Bal (S.S.B.), Block-V (East), R.K. Puram, New Delhi

¶67

3. The Chairman , Board No. 5, Sector HQ, S.S.B. Kokrajhar, B.T.A.D., Assam

¶68

4. The State of Tripura , represented by the Chief Secretary, Government of Tripura, Civil Secretariat, New Capital Complex, Kunjaban, P.S. N.C.C., Agartala, West Tripura

¶69

6. All Tripura S.S.B. Volunteers Association , Kailashahar, Unakoti, Tripura, represented by its President, Sri Amulya Kumar Das, Howr Bazar, Kailasahar

¶70

¶71

By Advocate:

¶72

For the respondents No. 1,2 and 3: Mr. H. Deb, ASG

¶73

Mr. B. Majumder, CGC For the respondent No. 4 : Mr. Kohinoor N. Bhattacharji For the respondent No.6 : None

¶74

WP (C) No. 234 of 2017

¶75

Petitioner:

¶76

Smt. Minati Ghosh (Chakraborty) ,

¶77

wife of Sri Khokan Chakraborty, resident of Rangamati, P.O. Amarpur, P.S. Birganj, District- Gomati, Tripura

¶78

By Advocate: Mr. PK Dhar

¶79

Mr. RG Chakraborty

¶80

– V e r s u s –

¶81

Respondents

¶82

1. The Union of India , represented by the Secretary, Government of India, Ministry of Home Affairs, North Block, New Delhi

¶83

2. The Director General , Sashastra Seema Bal (S.S.B.), Block-V (East), R.K. Puram, New Delhi

¶84

3. The Chairman , Board No. 5, Sector HQ, S.S.B. Kokrajhar, B.T.A.D., Assam

¶85

4. The State of Tripura , represented by the Chief Secretary, Government of Tripura, Civil Secretariat, New Capital Complex, Kunjaban, P.S. N.C.C., Agartala, West Tripura

¶86

6. All Tripura S.S.B. Volunteers Association , Kailashahar, Unakoti, Tripura, represented by its President, Sri Amulya Kumar Das, Howr Bazar, Kailasahar

¶87

By Advocate:

¶88

For the respondents No. 1,2 and 3: Mr. H. Deb, ASG

¶89

Mr. B. Majumder, CGC For the respondent No. 4 : Mr. Kohinoor N. Bhattacharji For the respondent No.6 : None

¶90

WP (C) No. 235 of 2017

¶91

Petitioner:

¶92

Sri Biplab Ghosh ,

¶93

son of late Rabindra Ghosh, resident of East Rangamati, P.O. Rangamati, P.S. Birganj, District- Gomati, Tripura

¶94

¶95

By Advocate: Mr. PK Dhar Mr. RG Chakraborty

¶96

– V e r s u s –

¶97

Respondents

¶98

1. The Union of India ,

¶99

represented by the Secretary, Government of India, Ministry of Home Affairs, North Block, New Delhi

¶100

2. The Director General , Sashastra Seema Bal (S.S.B.), Block-V (East), R.K. Puram, New Delhi

¶101

3. The Chairman , Board No. 5, Sector HQ, S.S.B. Kokrajhar, B.T.A.D., Assam

¶102

4. The State of Tripura , represented by the Chief Secretary, Government of Tripura, Civil Secretariat, New Capital Complex, Kunjaban, P.S. N.C.C., Agartala, West Tripura

¶103

6. All Tripura S.S.B. Volunteers Association , Kailashahar, Unakoti, Tripura, represented by its President, Sri Amulya Kumar Das, Howr Bazar, Kailasahar

¶104

By Advocate:

¶105

For the respondents No. 1,2 and 3: Mr. H. Deb, ASG

¶106

Mr. B. Majumder, CGC For the respondent No. 4 : Mr. Kohinoor N. Bhattacharji For the respondent No.6 : None

¶107

WP (C) No. 236 of 2017

¶108

Petitioner:

¶109

Sri Dulal Chandra Saha ,

¶110

son of Sri Kshitish Chandra Saha, resident of Rangamati, P.O. Rangamati, P.S. Birganj, District- Gomati,Tripura

¶111

By Advocate: Mr. PK Dhar

¶112

Mr. RG Chakraborty

¶113

– V e r s u s –

¶114

Respondents

¶115

1. The Union of India , represented by the Secretary, Government of India, Ministry of Home Affairs, North Block, New Delhi

¶116

2. The Director General , Sashastra Seema Bal (S.S.B.), Block-V (East), R.K. Puram, New Delhi

¶117

¶118

3. The Chairman , Board No. 5, Sector HQ, S.S.B. Kokrajhar, B.T.A.D., Assam

¶119

4. The State of Tripura , represented by the Chief Secretary, Government of Tripura, Civil Secretariat, New Capital Complex, Kunjaban, P.S. N.C.C., Agartala, West Tripura

¶120

6. All Tripura S.S.B. Volunteers Association , Kailashahar, Unakoti, Tripura, represented by its President, Sri Amulya Kumar Das, Howr Bazar, Kailasahar

¶121

By Advocate:

¶122

For the respondents No. 1,2 and 3: Mr. H. Deb, ASG

¶123

Mr. B. Majumder, CGC For the respondent No. 4 : Mr. Kohinoor N. Bhattacharji For the respondent No.6 : None

¶124

WP (C) No. 237 of 2017

¶125

Petitioner:

¶126

Smt. Manju Rani Ghosh ,

¶127

wife of late Subhash Ghosh, resident of Rangamati, P.O. Amarpur, P.S. Birganj, District- Gomati, Tripura

¶128

By Advocate: Mr. PK Dhar

¶129

Mr. RG Chakraborty

¶130

– V e r s u s –

¶131

Respondents

¶132

1. The Union of India ,

¶133

represented by the Secretary, Government of India, Ministry of Home Affairs, North Block, New Delhi

¶134

2. The Director General , Sashastra Seema Bal (S.S.B.), Block-V (East), R.K. Puram, New Delhi

¶135

3. The Chairman , Board No. 5, Sector HQ, S.S.B. Kokrajhar, B.T.A.D., Assam

¶136

4. The State of Tripura , represented by the Chief Secretary, Government of Tripura, Civil Secretariat,

¶137

New Capital Complex, Kunjaban, P.S. N.C.C., Agartala, West Tripura

¶138

6. All Tripura S.S.B. Volunteers Association , Kailashahar, Unakoti, Tripura, represented by its President, Sri Amulya Kumar Das, Howr Bazar, Kailasahar

¶139

¶140

By Advocate:

¶141

For the respondents No. 1,2 and 3: Mr. H. Deb, ASG

¶142

Mr. B. Majumder, CGC For the respondent No. 4 : Mr. Kohinoor N. Bhattacharji For the respondent No.6 : None

¶143

WP (C) No. 238 of 2017

¶144

Petitioner:

¶145

Sri Dhirendra Chandra Das ,

¶146

son of Sri Gopal Chandra Das, resident of East Rangamati, P.O. Rangamati, P.S. Birganj, District- Gomati, Tripura

¶147

By Advocate: Mr. PK Dhar

¶148

Mr. RG Chakraborty

¶149

– V e r s u s –

¶150

Respondents

¶151

1. The Union of India ,

¶152

represented by the Secretary, Government of India, Ministry of Home Affairs, North Block, New Delhi

¶153

2. The Director General , Sashastra Seema Bal (S.S.B.), Block-V (East), R.K. Puram, New Delhi

¶154

3. The Chairman , Board No. 5, Sector HQ, S.S.B. Kokrajhar, B.T.A.D., Assam

¶155

4. The State of Tripura , represented by the Chief Secretary, Government of Tripura, Civil Secretariat, New Capital Complex, Kunjaban, P.S. N.C.C., Agartala, West Tripura

¶156

6. All Tripura S.S.B. Volunteers Association , Kailashahar, Unakoti, Tripura, represented by its President, Sri Amulya Kumar Das, Howr Bazar, Kailasahar

¶157

By Advocate:

¶158

For the respondents No. 1,2 and 3: Mr. H. Deb, ASG

¶159

Mr. B. Majumder, CGC For the respondent No. 4 : Mr. Kohinoor N. Bhattacharji For the respondent No.6 : None

¶160

WP (C) No. 257 of 2017

¶161

Petitioner:

¶162

Sri Tapan Debnath ,

¶163

son of late Hemanta Debnath, resident of South Murapara, P.O. Murapara, P.S. R.K. Pur, District- Gomati, Tripura

¶164

¶165

By Advocate: Mr. PK Dhar Mr. RG Chakraborty

¶166

– V e r s u s –

¶167

Respondents

¶168

1. The Union of India ,

¶169

represented by the Secretary, Government of India, Ministry of Home Affairs, North Block, New Delhi

¶170

2. The Director General , Sashastra Seema Bal (S.S.B.), Block-V (East), R.K. Puram, New Delhi

¶171

3. The Chairman , Board No. 5, Sector HQ, S.S.B. Kokrajhar, B.T.A.D., Assam

¶172

4. The State of Tripura , represented by the Chief Secretary, Government of Tripura, Civil Secretariat, New Capital Complex, Kunjaban, P.S. N.C.C., Agartala, West Tripura

¶173

6. All Tripura S.S.B. Volunteers Association , Kailashahar, Unakoti, Tripura, represented by its President, Sri Amulya Kumar Das, Howr Bazar, Kailasahar

¶174

By Advocate:

¶175

For the respondents No. 1,2 and 3: Mr. H. Deb, ASG Mr. B. Majumder, CGC For the respondent No. 4 : Mr. Kohinoor N. Bhattacharji For the respondent No.6 : None

¶176

WP (C) No. 258 of 2017

¶177

Petitioner:

¶178

Smt. Mrabay Mog (Debbarma) ,

¶179

wife of Sri Ashok Kumar Debbarma, resident of Mogbari, Chakmaghat, P.S. Taliamura, District- Khowai, Tripura

¶180

By Advocate: Mr. PK Dhar

¶181

Mr. RG Chakraborty

¶182

– V e r s u s –

¶183

Respondents

¶184

1. The Union of India , represented by the Secretary, Government of India, Ministry of Home Affairs, North Block, New Delhi

¶185

2. The Director General , Sashastra Seema Bal (S.S.B.), Block-V (East), R.K. Puram, New Delhi

¶186

¶187

3. The Chairman , Board No. 5, Sector HQ, S.S.B. Kokrajhar, B.T.A.D., Assam

¶188

4. The State of Tripura , represented by the Chief Secretary, Government of Tripura, Civil Secretariat, New Capital Complex, Kunjaban, P.S. N.C.C., Agartala, West Tripura

¶189

6. All Tripura S.S.B. Volunteers Association , Kailashahar, Unakoti, Tripura, represented by its President, Sri Amulya Kumar Das, Howr Bazar, Kailasahar

¶190

By Advocate:

¶191

For the respondents No. 1,2 and 3: Mr. H. Deb, ASG Mr. B. Majumder, CGC For the respondent No. 4 : Mr. Kohinoor N. Bhattacharji For the respondent No.6 : None

¶192

WP (C) No. 259 of 2017

¶193

Petitioner:

¶194

Sri Tarapada Roy ,

¶195

son of late Upendra Roy, resident of Darjeeling Tilla, P.O. Karoilong, P.S. Teliamura, District- Khowai, Tripura

¶196

By Advocate: Mr. PK Dhar

¶197

Mr. RG Chakraborty

¶198

– V e r s u s –

¶199

Respondents

¶200

1. The Union of India , represented by the Secretary, Government of India, Ministry of Home Affairs, North Block, New Delhi

¶201

2. The Director General , Sashastra Seema Bal (S.S.B.), Block-V (East), R.K. Puram, New Delhi

¶202

3. The Chairman , Board No. 5, Sector HQ, S.S.B. Kokrajhar, B.T.A.D., Assam

¶203

4. The State of Tripura , represented by the Chief Secretary, Government of Tripura, Civil Secretariat, New Capital Complex, Kunjaban, P.S. N.C.C., Agartala, West Tripura

¶204

6. All Tripura S.S.B. Volunteers Association , Kailashahar, Unakoti, Tripura, represented by its President, Sri Amulya Kumar Das, Howr Bazar, Kailasahar

¶205

¶206

By Advocate:

¶207

For the respondents No. 1,2 and 3: Mr. H. Deb, ASG Mr. B. Majumder, CGC For the respondent No. 4 : Mr. Kohinoor N. Bhattacharji For the respondent No.6 : None

¶208

WP (C) No. 260 of 2017

¶209

Petitioner:

¶210

Smt. Shipti Debnath ,

¶211

wife of Sri Apu Debnath, resident of Debnathpara, Maharanipur, Laxmipur, P.O. Chakmaghat,

¶212

P.S. Teliamura, District- Khowai, Tripura

¶213

By Advocate: Mr. PK Dhar

¶214

Mr. RG Chakraborty

¶215

– V e r s u s –

¶216

Respondents

¶217

1. The Union of India , represented by the Secretary, Government of India, Ministry of Home Affairs, North Block, New Delhi

¶218

2. The Director General , Sashastra Seema Bal (S.S.B.), Block-V (East), R.K. Puram, New Delhi

¶219

3. The Chairman , Board No. 5, Sector HQ, S.S.B. Kokrajhar, B.T.A.D., Assam

¶220

4. The State of Tripura , represented by the Chief Secretary, Government of Tripura, Civil Secretariat, New Capital Complex, Kunjaban, P.S. N.C.C., Agartala, West Tripura

¶221

6. All Tripura S.S.B. Volunteers Association , Kailashahar, Unakoti, Tripura, represented by its President, Sri Amulya Kumar Das, Howr Bazar, Kailasahar

¶222

By Advocate:

¶223

For the respondents No. 1,2 and 3: Mr. H. Deb, ASG Mr. B. Majumder, CGC For the respondent No. 4 : Mr. Kohinoor N. Bhattacharji For the respondent No.6 : None

¶224

WP (C) No. 261 of 2017

¶225

Petitioner:

¶226

Smt. Bani Biswas (Mallik) , wife of Sri Ajit Kumar Mallik, resident of Gajaria, Muslim Para, P.O.& P.S. A.D. Nagar, District- West Tripura

¶227

¶228

By Advocate: Mr. PK Dhar Mr. RG Chakraborty

¶229

– V e r s u s –

¶230

Respondents

¶231

1. The Union of India ,

¶232

represented by the Secretary, Government of India, Ministry of Home Affairs, North Block, New Delhi

¶233

2. The Director General , Sashastra Seema Bal (S.S.B.), Block-V (East), R.K. Puram, New Delhi

¶234

3. The Chairman , Board No. 5, Sector HQ, S.S.B. Kokrajhar, B.T.A.D., Assam

¶235

4. The State of Tripura , represented by the Chief Secretary, Government of Tripura, Civil Secretariat, New Capital Complex, Kunjaban, P.S. N.C.C., Agartala, West Tripura

¶236

6. All Tripura S.S.B. Volunteers Association , Kailashahar, Unakoti, Tripura, represented by its President, Sri Amulya Kumar Das, Howr Bazar, Kailasahar

¶237

By Advocate:

¶238

For the respondents No. 1,2 and 3: Mr. H. Deb, ASG Mr. B. Majumder, CGC For the respondent No. 4 : Mr. Kohinoor N. Bhattacharji For the respondent No.6 : None

¶239

WP (C) No. 262 of 2017

¶240

Petitioner:

¶241

Smt. Niyati Bhowmik ,

¶242

daughter of late Suresh Bhowmik, resident of Rangamura, P.O. Kalkalia, P.S. Sidhai, District- West Tripura

¶243

By Advocate: Mr. PK Dhar

¶244

Mr. RG Chakraborty

¶245

– V e r s u s –

¶246

Respondents

¶247

1. The Union of India ,

¶248

represented by the Secretary, Government of India, Ministry of Home Affairs, North Block, New Delhi

¶249

2. The Director General , Sashastra Seema Bal (S.S.B.), Block-V (East), R.K. Puram, New Delhi

¶250

¶251

3. The Chairman ,

¶252

Board No. 5, Sector HQ, S.S.B. Kokrajhar, B.T.A.D., Assam

¶253

4. The State of Tripura , represented by the Chief Secretary, Government of Tripura, Civil Secretariat, New Capital Complex, Kunjaban, P.S. N.C.C., Agartala, West Tripura

¶254

6. All Tripura S.S.B. Volunteers Association , Kailashahar, Unakoti, Tripura, represented by its President, Sri Amulya Kumar Das, Howr Bazar, Kailasahar

¶255

By Advocate:

¶256

For the respondents No. 1,2 and 3: Mr. H. Deb, ASG Mr. B. Majumder, CGC For the respondent No. 4 : Mr. Kohinoor N. Bhattacharji For the respondent No.6 : None

¶257

WP (C) No. 263 of 2017

¶258

Petitioner:

¶259

Sri Sayan Sarkar ,

¶260

son of late Ranjit Sarkar, resident of South Badharghat, P.O. Charipara, P.S. Amtali, District- West Tripura

¶261

By Advocate: Mr. PK Dhar

¶262

Mr. RG Chakraborty

¶263

– V e r s u s –

¶264

Respondents

¶265

1. The Union of India ,

¶266

represented by the Secretary, Government of India, Ministry of Home Affairs, North Block, New Delhi

¶267

2. The Director General ,

¶268

Sashastra Seema Bal (S.S.B.), Block-V (East), R.K. Puram, New Delhi

¶269

3. The Chairman , Board No. 5, Sector HQ, S.S.B. Kokrajhar, B.T.A.D., Assam

¶270

4. The State of Tripura , represented by the Chief Secretary, Government of Tripura, Civil Secretariat, New Capital Complex, Kunjaban, P.S. N.C.C., Agartala, West Tripura

¶271

6. All Tripura S.S.B. Volunteers Association , Kailashahar, Unakoti, Tripura, represented by its President, Sri Amulya Kumar Das, Howr Bazar, Kailasahar

¶272

¶273

By Advocate:

¶274

For the respondents No. 1,2 and 3: Mr. H. Deb, ASG Mr. B. Majumder, CGC For the respondent No. 4 : Mr. Kohinoor N. Bhattacharji For the respondent No.6 : None

¶275

WP (C) No. 264 of 2017

¶276

Petitioner:

¶277

Sri Swapan Deb ,

¶278

son of late Chunilal Deb, resident of Katlamara, P.O. Katlamara, P.S. Sidhai, District- West Tripura

¶279

By Advocate: Mr. PK Dhar

¶280

Mr. RG Chakraborty

¶281

– V e r s u s –

¶282

Respondents

¶283

1. The Union of India , represented by the Secretary, Government of India, Ministry of Home Affairs, North Block, New Delhi

¶284

2. The Director General , Sashastra Seema Bal (S.S.B.), Block-V (East), R.K. Puram, New Delhi

¶285

3. The Chairman , Board No. 5, Sector HQ, S.S.B. Kokrajhar, B.T.A.D., Assam

¶286

4. The State of Tripura , represented by the Chief Secretary, Government of Tripura, Civil Secretariat, New Capital Complex, Kunjaban, P.S. N.C.C., Agartala, West Tripura

¶287

6. All Tripura S.S.B. Volunteers Association , Kailashahar, Unakoti, Tripura, represented by its President, Sri Amulya Kumar Das, Howr Bazar, Kailasahar

¶288

By Advocate:

¶289

For the respondents No. 1,2 and 3: Mr. H. Deb, ASG Mr. B. Majumder, CGC For the respondent No. 4 : Mr. Kohinoor N. Bhattacharji For the respondent No.6 : None

¶290

WP (C) No. 265 of 2017

¶291

Petitioner:

¶292

Sri Rupam Karmakar ,

¶293

son of late Dinesh Karmakar, resident of Katlamara, P.O. Katlamara, P.S. Sidhai, District- West Tripura

¶294

By Advocate: Mr. PK Dhar

¶295

Mr. RG Chakraborty

¶296

¶297

– V e r s u s –

¶298

Respondents

¶299

1. The Union of India ,

¶300

represented by the Secretary, Government of India, Ministry of Home Affairs, North Block, New Delhi

¶301

2. The Director General ,

¶302

Sashastra Seema Bal (S.S.B.), Block-V (East), R.K. Puram, New Delhi

¶303

3. The Chairman , Board No. 5, Sector HQ, S.S.B. Kokrajhar, B.T.A.D., Assam

¶304

4. The State of Tripura , represented by the Chief Secretary, Government of Tripura, Civil Secretariat, New Capital Complex, Kunjaban, P.S. N.C.C., Agartala, West Tripura

¶305

6. All Tripura S.S.B. Volunteers Association , Kailashahar, Unakoti, Tripura, represented by its President, Sri Amulya Kumar Das, Howr Bazar, Kailasahar

¶306

By Advocate:

¶307

For the respondents No. 1,2 and 3: Mr. H. Deb, ASG Mr. B. Majumder, CGC For the respondent No. 4 : Mr. Kohinoor N. Bhattacharji For the respondent No.6 : None

¶308

WP (C) No. 295 of 2017

¶309

Petitioner:

¶310

Sri Indra Kumar Das ,

¶311

son of late Nishi Kanta Das, resident of South Badharghat, P.O. Charipara, P.S. Amtali, District- West Tripura

¶312

By Advocate: Mr. PK Dhar

¶313

Mr. RG Chakraborty

¶314

– V e r s u s –

¶315

Respondents

¶316

1. The Union of India ,

¶317

represented by the Secretary, Government of India, Ministry of Home Affairs, North Block, New Delhi

¶318

2. The Director General , Sashastra Seema Bal (S.S.B.), Block-V (East), R.K. Puram, New Delhi

¶319

3. The Chairman , Board No. 5, Sector HQ, S.S.B. Kokrajhar, B.T.A.D., Assam

¶320

¶321

4. The State of Tripura , represented by the Chief Secretary, Government of Tripura, Civil Secretariat, New Capital Complex, Kunjaban, P.S. N.C.C., Agartala, West Tripura

¶322

6. All Tripura S.S.B. Volunteers Association , Kailashahar, Unakoti, Tripura, represented by its President, Sri Amulya Kumar Das, Howr Bazar, Kailasahar

¶323

By Advocate:

¶324

For the respondents No. 1,2 and 3: Mr. H. Deb, ASG Mr. B. Majumder, CGC For the respondent No. 4 : Mr. GS Bhattacharji For the respondent No.6 : None

¶325

WP (C) No. 296 of 2017

¶326

Petitioner:

¶327

Sri Satya Ranjan Das ,

¶328

son of late Sachindra Das, resident of Dwarikapur, P.O. Bagan Bazar, P.S. Kalyanpur, District- Khowai, Tripura

¶329

By Advocate: Mr. PK Dhar

¶330

Mr. RG Chakraborty

¶331

– V e r s u s –

¶332

Respondents

¶333

1. The Union of India ,

¶334

represented by the Secretary, Government of India, Ministry of Home Affairs, North Block, New Delhi

¶335

2. The Director General , Sashastra Seema Bal (S.S.B.), Block-V (East), R.K. Puram, New Delhi

¶336

3. The Chairman , Board No. 5, Sector HQ, S.S.B. Kokrajhar, B.T.A.D., Assam

¶337

4. The State of Tripura , represented by the Chief Secretary, Government of Tripura, Civil Secretariat, New Capital Complex, Kunjaban, P.S. N.C.C., Agartala, West Tripura

¶338

6. All Tripura S.S.B. Volunteers Association , Kailashahar, Unakoti, Tripura, represented by its President, Sri Amulya Kumar Das, Howr Bazar, Kailasahar

¶339

By Advocate:

¶340

For the respondents No. 1,2 and 3: Mr. H. Deb, ASG Mr. B. Majumder, CGC For the respondent No. 4 : Mr. GS Bhattacharji For the respondent No.6 : None

¶341

¶342

WP (C) No. 297 of 2017

¶343

Petitioner:

¶344

Sri Bishnu Das ,

¶345

son of late Bibhishan Das, resident of Laxmi Narayanpur, P.O. Gourangatilla, P.S. Kalyanpur, District- West Tripura

¶346

By Advocate: Mr. PK Dhar

¶347

Mr. RG Chakraborty

¶348

– V e r s u s –

¶349

Respondents

¶350

1. The Union of India ,

¶351

represented by the Secretary, Government of India, Ministry of Home Affairs, North Block, New Delhi

¶352

2. The Director General ,

¶353

Sashastra Seema Bal (S.S.B.), Block-V (East), R.K. Puram, New Delhi

¶354

3. The Chairman , Board No. 5, Sector HQ, S.S.B. Kokrajhar, B.T.A.D., Assam

¶355

4. The State of Tripura , represented by the Chief Secretary, Government of Tripura, Civil Secretariat, New Capital Complex, Kunjaban, P.S. N.C.C., Agartala, West Tripura

¶356

6. All Tripura S.S.B. Volunteers Association , Kailashahar, Unakoti, Tripura, represented by its President, Sri Amulya Kumar Das, Howr Bazar, Kailasahar

¶357

By Advocate:

¶358

For the respondents No. 1,2 and 3: Mr. H. Deb, ASG

¶359

Mr. B. Majumder, CGC

¶360

For the respondent No. 4 : Mr. GS Bhattacharji For the respondent No.6 : None

¶361

WP (C) No. 298 of 2017

¶362

Petitioner:

¶363

Sri Mihir Ranjan Dhar ,

¶364

son of late Manoranjan Dhar, resident of Ramchandraghat, P.O. Ramchandraghat, P.S. Khowai, Dist. Khowai Tripura

¶365

By Advocate: Mr. PK Dhar

¶366

Mr. RG Chakraborty

¶367

– V e r s u s –

¶368

Respondents

¶369

1. The Union of India ,

¶370

represented by the Secretary, Government of India, Ministry of Home Affairs, North Block, New Delhi

¶371

¶372

2. The Director General , Sashastra Seema Bal (S.S.B.), Block-V (East), R.K. Puram, New Delhi

¶373

3. The Chairman , Board No. 5, Sector HQ, S.S.B. Kokrajhar, B.T.A.D., Assam

¶374

4. The State of Tripura , represented by the Chief Secretary, Government of Tripura, Civil Secretariat, New Capital Complex, Kunjaban, P.S. N.C.C., Agartala, West Tripura

¶375

6. All Tripura S.S.B. Volunteers Association , Kailashahar, Unakoti, Tripura, represented by its President, Sri Amulya Kumar Das, Howr Bazar, Kailasahar

¶376

By Advocate:

¶377

For the respondents No. 1,2 and 3: Mr. H. Deb, ASG For the respondent No. 4 : Mr. GS Bhattacharji For the respondent No.6 : None

¶378

by the order dated 02.08.2007, the respondents No. 5 and 7 have been deleted on prayer of the petitioner

¶379

BEFORE

¶380

THE HON’BLE MR. JUSTICE S. TALAPATRA

¶381

Date of hearing & delivery of judgment and order : 15.09.2017

¶382

Whether fit for reporting : NO

¶383

JUDGMENT & ORDER(ORAL)

¶384

Heard Mr. PK Dhar along with Mr. RG Chakraborty, learned counsel appearing for the petitioners as well as Mr. H Deb, learned ASG along with Mr. B. Majumder, learned CGC appearing for the respondents No. 1,2 and 3 and Mr. Kohinoor N. Bhattacharji and Mr. GS Bhattacharji, learned counsel appearing for the respondent No. 4. None appears for the respondent No.6 despite due notice from this court. By the order dated 02.08.2017 the names of respondent No. 5 [All North East State S.S.B. Trained ITVs/WATs Welfare Association (ANESIWAWA), Head Office Tezpur, Assam,

¶385

¶386

represented by its General Secretary] and the respondent No. 7 [The Chairman, All India S.S.B. Volunteers Welfare Society, New Delhi, Camp-Jantar Mantar] have been deleted.

¶387

2. All these petitions being WP(C) 226 of 2017 [Smt. Aruna Acharji (Bhattacharji) vs. The Union of India and others], WP(C) 227 of 2017 [Sri Samir Sen vs. The Union of India and others], WP(C) 228 of 2017 [Sri Bhabatosh Majumder vs. The Union of India and others], WP(C) 229 of 20176 [Sri Samlal Das vs. The Union of India and others], WP(C) 234 of 2017 [Smt. Minati Ghosh (Chakraborty) vs. The Union of India and others], WP(C) 235 of 2017 [Sri Biplab Ghosh vs. The Union of India and others], WP(C) 236 of 2017 [Sri Dulal Chandra Saha vs. The Union of India and others], WP(C) 237 of 2017 [Smt. Manju Rani Ghosh vs. The Union of India and others], WP(C) 238 of 2017 [Sri Dhirendra Chandra Das vs. The Union of India and others], WP(C) 257 of 2017 [Sri Tapan Debnath vs. The Union of India and others], WP(C) 258 of 2017 [Sri Mrabay Mog (Debbarma) vs. The Union of India and others], WP(C) 259 of 2017 [Sri Tarapada Roy vs. The Union of India and others], WP(C) 260 of 2017 [Smt. Shipti Debnath vs. The Union of India and others], WP(C) 261 of 2017 [Smt. Bani Biswas (Mallik) vs. The Union of India and others], WP(C) 262 of 2017 [Smt. Niyati Bhowmik vs. The Union of India and others], WP(C) 263 of 2017 [Sri Sayan Sarkar vs. The Union of India and others], WP(C) 264 of 2017 [Sri Swapan Deb vs. The Union of India and others], WP(C) 265 of 2017 [Sri Rupam Karmakar vs. The Union of India and others], WP(C) 295 of 2017 [Sri Indra Kumar Das vs. The Union of India and others], WP(C) 296 of 2017 [Sri Satya

¶388

¶389

Ranjan Das vs. The Union of India and others], WP(C) 297 of 2017 [Sri Bishnu Das vs. The Union of India and others] and WP(C) 298 of 2017 [Sri Mihir Ranjan Dhar vs. The Union of India and others] are consolidated for disposal by a common judgment inasmuch as the reliefs as prayed are identical being set up in identical conspectus of fact.

¶390

3. By means of this writ petitions, the petitioners have urged this court for directing the respondents No. 1,2 and 3 to enlist the name of the petitioners in the list of the volunteers or in the penal I of the volunteers of ITVs/WATs under the Sashastra Seema Bal (for short, hereinafter referred to as the SSB) and further to refer their names to the Chief Secretary, Government of Tripura for utilization of their services in terms of the scheme of the Ministry of Home Affairs, Government of India. In addition, they have urged this court for directing the respondents No. 1 and 2 to recognize the petitioners as the Volunteers of ITVs/WATs under the SSB for all purposes and also to include the name of the petitioners in the list of such volunteers as prepared by the Directorate of SSB.

¶391

4. Mr. PK Dhar, learned counsel appearing for the petitioners has submitted that all the petitioners are qualified and medically fit to serve as the Volunteers of the SSB. They are also registered with the Employment Exchanges. The Special Security Bureau has been converted to Sashastra Seema Bal (SSB). Earlier Special Security Bureau was assigned with “Stay Behind Roll” under the Administrative Control of the Ministry of Home Affairs, Government of India. The said organization used to impart intensive training to

¶392

¶393

the volunteers of bordering villages for motivating and mobilizing people living in the remote parts of the country for security consciousness etc. Sometimes, they were issued the certificate as the volunteers. They were imparted trainings periodically to enhance their capacity in respect of their duties. All the petitioners got training under the SSB over the period of time, but they were not issued with any certificate in this regard. Some of the volunteers under the SSB were trained on different times and were supplied with the dress and other valuable articles from the SSB HQ, Tripura circle, Salbagan.

¶394

5. The respondent No.3, the Chairman of Board No.5, Sector HQ, S.S.B., Kokrajhar, B.T.A.D., Assam issued the notification under No.SHQ-KJR/ITVs-WATs/Verification/TRA/15(6-7), dated 25.04.2015 which was published in „Dainik Sambad‟ dated 28.04.2015 for identification and verification of the volunteers circle-wise and sub area-wise in Tripura. In response to the said notification dated 25.04.2015, the petitioners physically appeared before the said Board and submitted all necessary papers for verification and identification so that the petitioners may be recognized as Volunteer under the SSB .

¶395

6. The Volunteers Associations also took some initiative so that the petitioners can be verified and enrolled as the volunteer circlewise. Later on, the Home Department, Government of India issued a letter under D.O. No. A-12011/16/SSB/Pers-III, dated 22.09.2016 to the Chief Secretary, Government of Tripura. For purpose of reference, the text of the said letter is extracted hereunder:

¶396

¶397

Dear Jash Pal,

¶398

The Special Security Bureau (now Sashastra Seema Bal) was assigned “Stay Behind Role” prior to its coming under the administrative control of MHA in January, 2001. The organization used to impart intensive training to the volunteers of bordering villages for motivating and mobilizing people living in the remote parts of the country, promoting National Integration and security consciousness in order areas and to organize and prepare the border population to resist the enemy. Selected Intensive Trained Volunteers (ITVs) and Women Advance Training School (WATS) Volunteers, who underwent advance training for 42 days, were associated in SSB activities as Volunteers. After the change of the role of Sashastra Seema Bal (SSB) as a Border Guarding Force in 2001, the association of such Volunteers has since discontinued.

¶399

2. These Volunteers are a valuable and trained resource who can be deployed in critical situations; they can, for instance, be deployed immediately in law & order situations as Home Guards and Civil Defence Volunteers. The State Government need not spend its resources on training them as they are already well trained.

¶400

3. There are 611 such volunteers in the State of Tripura. The DG, SSB has been asked to send the list/details of these Volunteers to the State Government. 4. In view of the above, the Government of Tripura is required to utilize the services of the above mentioned well trained volunteers of ITVS/WATS. A line of confirmation regarding the action taken in the matter may kindly be intimated to this Ministry as early as possible.

¶401

Regards.

¶402

Yours sincerely, Sd/ Illegible (Rajiv Mehrishi)

¶403

Dr. Yashpal Singh

¶404

7. The grievance of the petitioners is that their names were not recommended and their name did not find place in the list forwarded to the Chief Secretary, Government of Tripura, even though they have acted as volunteers under the SSB. Being aggrieved, they have approached this court for directing the respondents in the manner, as stated above.

¶405

8. In reply, the respondents have stated that the records of volunteers which were being maintained in erstwhile roll of the SSB prior to January, 2001 was quite old containing the names of all volunteers who underwent Advance Training for 42 & 30 days out of which some were wasted out by way of their enrollment in CAPFs/SSB

¶406

¶407

and other Civil Departments, because the undergoing of Advance Training was purely voluntary in nature. These volunteers were pressurizing the MHA/SSB from time to time by way of approaching various dignitaries for their absorption and extending pensionary benefits. In this regard, it is submitted that due to non-availability of exact number of actual volunteers at present, it was decided to draw the authenticated list of actual volunteers, which was not feasible without carrying out physical verification at this spot. Accordingly, State-wise Boards were detailed/constituted during the year 2015 for carrying out the physical verification of actual male and female volunteers in order to draw the authenticated list . It has been further submitted that the name of the petitioners did not match with the official records of the SSB causing thereby, their names could not be forwarded to the Chief Secretary of the State of Tripura, being the respondent No. 4 herein. The names of only those male and female volunteers have been sent to the State Government whose names were matched/verified with the records of the SSB .

¶408

9. In response to the said reply, the petitioners have filed their rejoinder, but could not demonstrate that the decision of the respondents No. 1,2 and 3 was not informed, by producing the relevant records.

¶409

10. Having regard to that aspects of the matter, this court is of the view that all these writ petitions can be disposed of with the following directions-

¶410

¶411

The petitioners who are not large in number, shall approach the respondent No. 2 with all relevant records within a period of 3(three) months from today for verification of their identity as the volunteers of the SSB. If the respondent No.2 is satisfied regarding their identity as the volunteers having the training of 30/42 days in terms of their policy, the petitioners shall be recommended to the respondent No.4 on the same terms of the letter dated 22.09.2016 (Annexure 6 to the writ petition). The petitioners, if recommended, shall be entitled to all the benefits that will be available to the person who have already been recommended to the respondent No.4. For purpose of verification, the respondent No. 2 may also constitute a special board or assign such duties to any other suitable officer .

¶412

11. Hence, all these writ petitions are allowed to the extent as indicated above. There shall be no order as to costs.

¶413

JUDGE

¶414

Saikat

Samir Sen v. Union of India and Ors.

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Samir Sen v. Union of India and Ors.

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