SRIMATI BISWAS Vs. STATE OF TRIPURA
HIGH COURT TRIPURA
STATE OF TRIPURA
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ARINDAM LODH,J. -
(1.)By means of filing the instant writ petition, the petitioner has prayed for the following reliefs:
"(i) Issue rule calling upon the respondents and each one of them to show cause as to why a writ in the nature of mandamus or like nature, shall not be issued commanding the respondent Nos 1-3 and each one of them to transmit fresh proposal for family pension of the petitioner to A.G., Tripura who will dispose of the matter within a fixed period upon receipt of the proposal.
(ii) Issue rule upon the respondents to show cause as to why the respondents and each one of them, shall not commanded by a writ of mandamus or like nature, to treat your petitioner as widow of deceased employee and to consider grant of family pension to the petitioner forthwith.
(iii) Issue rule upon the respondents and each one of them to show cause as to why a writ in the nature of certiorari, shall not be issued sending for records from A.G., Tripura more particularly the documents submitted by the petitioner through Inspector of Schools for rendering substantial justice to the petitioner by quashing the decision of the A.G., Tripura to cause delay in grant family pension on the basis of the proposals sent by the Inspector of Schools.
(iv) Issue rule upon the respondents and each one of them to show cause as to why they shall not be directed to act in conformity with the representation made by the petitioner dtd. 10/8/2021 towards grant of family pension.
(v) In the interim, an order may kindly be passed directing the respondents and each one of them to provide provisional family pension to your humble petitioner to survive. "
(2.)Shortly stated, the petitioner is a widow of a retired Government employee. The employee concerned, Late Jatindra Biswas, who is the husband of the petitioner, died on 9/1/2013 while he was in service under the State-respondents. During his service period and long before his death, the husband, late Jatindra Biswas re-married the petitioner after the death of his first wife according to Hindu rites and customs, as provided under the Hindu Marriage Act. After the death of Jatindra Biswas his employer (Director of Elementary Education, Govt. of Tripura) forwarded all necessary papers and furnished all information to the Accountant General(respondent no. 4) requesting to accord sanction. The death certificate of his first wife was also submitted. The petitioner has also produced the survival certificate, ration card, Aadhaar card and all other relevant documents. The respondent no. 4 had made so many queries during the process to the petitioner and the petitioner responded to all the queries. The latest query is that the petitioner has to produce the marriage certificate to the respondent no. 4 and the respondent no. 4 has further built up a case of bigamy. As is revealed from paragraph 4 of the counter-affidavit submitted by the respondent no. 4, in that process, a substantial time of 7 years has been elapsed over without addressing the legitimate claim of the petitioner.
(3.)I have heard Mr. T. D. Majumdar, learned senior counsel assisted by T. Halam, learned counsel appearing for the petitioner. Also heard Mr. Bidyut Majumdar, learned Asstt. SG, who argued the case on behalf of the respondent no. 4 (Accountant General, Tripura). Mr. M. Debbarma, learned Addl. GA appeared for the State-respondent (respondent no. 1, 2, and 3) under which the petitioner was an employee and died during his service.
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