R.B. Misra, J. - (1.) HEARD Mr. D.K. Biswas, learned Counsel for the appellant a well as Mr. J. Majumder, learned state counsel for the respondents.
(2.) THE present writ appeal has been preferred against the order dated 4.9.2000 passed by the learned Single Judge in Civil Rule No. 102 of 1992 whereby the said Civil Rule filed by the elder brother of husband of the deceased Manjulika Paul (Deb Roy), Assistant Teacher, Lankamura High School was rejected for lack of nomination as required under the Central Civil Services (Pension) Rules, 1972 as adopted by the State of Tripura ('the Rules, 1972'). It appears that Manjulika Paul (Deb Roy) while working as Assistant Teacher in Lankamura High School had died and when question for payment of her death -cum -retirement gratuity came for consideration in reference to the claim by present appellant Shri Nripendra Deb Roy who claimed to be in possession of the said nomination made in his favour, however, the same was not produced and available in the official record, therefore treating him to have not been duly nominated, his claim for getting the death -cum -retirement gratuity benefit was rejected.
(3.) AFFIDAVIT -in -Opposition of the State of Tripura was filed in the C.R. Case No. 102 of 1992 indicates that no nomination was made by Manjulika Paul. (Deb Roy), as revealed from the original records produced before the learned Single Judge, According to State in case of non -nomination in favour of any person, the gratuity shall lapse to the Government.;