Decided on May 05,2022

Archita Deb Appellant


INDRAJIT MAHANTY,CJ. - (1.)Heard Mr. Samarjit Bhattacharjee, learned counsel appearing for the petitioner and Mr. Mangal Debbarma, learned Addl. Government Advocate for the State-respondents as well as learned counsel Mr. T. Chakraborty, associate of the learned Assistant Solicitor General.
(2.)The present writ petition has been filed by the petitioner namely Smt. Archita Deb, W/o Sri Ajit Paul Chowdhury who was working as a police Constable vide No.5654 and was posted at the office of the Superintendent of Police, Unakoti up to 8/7/2019. Thereafter, he was transferred from Unakoti district to West Tripura district. It appears from Annexure-6 that Sri Ajit Paul Chowdhury was released from Unakoti district on 9/7/2019 and was to join at West Tripura district and went away for the purpose of joining at his new place of posting and in the meantime, the writ petitioner had no contact with her husband due to family dispute problems and the petitioner on 31/10/2020 received a notice No.12624-26/SP/RSV/WD/2020 dtd. 25/9/2020 that her husband Sri Ajit Paul Chowdhury had not joined at the place of his transfer. On learning of the aforesaid fact, the writ petitioner contacted her mother in-law at Madhuban (Kathaltali), Ranirkhamar, PS-Amtali, West Tripura and learnt from her mother in-law that two months before the lockdown her husband had visited her mother in-law's house at Madhuban. Thereafter, the writ petitioner made contact with the employer of her husband at West Tripura district SP office, but failed to trace him. Ultimately, finding no other alternative, the petitioner filed a missing entry before Kailashahar PS on 10/12/2020. It appears that this complaint of the petitioner was transferred by the Sub-Inspector of Police of Kailashahar Police Station to the Amtali Police Station with the original petition of the petitioner for taking necessary action as per law (Annexure-6).
(3.)Mr. Samarjit Bhattacharjee, learned counsel for the writ petitioner, in the present case placed reliance on an office memorandum issued by the Government of India, Ministry of Personnel, P.G. and Pensions, Department of Pension and Pensioners' Welfare dtd. 25/6/2013 in reference to which said memorandum recorded the decision of the Government of India to grant family pension to the family members and dependents of the missing Government servant subject to the following two conditions:
"4(i) The family must lodge a report with the concerned Police Station and obtain a report from the Police, that the employee/ pensioner/family pensioner has not been traced despite all efforts made by them. The report may be a First Information Report or any other report such as a Daily Diary/General Diary Entry.

4(ii) An Indemnity Bond should be taken from the nominee/dependants of the employee/pensioner/family pensioner that all payments will be adjusted against the payments due to the employee/pensioner/family pensioner in case she/he appears on the scene and makes any claim."


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.