MAMTAZ BEGUM Vs. THE STATE OF WEST BENGAL & ORS.
LAWS(CAL)-2012-2-157
HIGH COURT OF CALCUTTA
Decided on February 07,2012

Mamtaz Begum Appellant
VERSUS
The State of West Bengal and Ors. Respondents

JUDGEMENT

TAPEN SEN,J. - (1.) Reference be made to the Order dated 17.1.2012 which indicates that notices were not only served upon the newly added Respondents but a publication was also made with regard to service of notice in the "Sambad Pratidin" on 5.1.2012.
(2.) The newly added Respondents are Majarul Islam, Jiarul Islam and Saheb Islam. They have all been described as sons of Late Nazaruddin. The Petitioner Mamtaz Begum being the wife of Late Md. Nazaruddin has prayed for an Order commanding upon the Respondents to release her family pension of her deceased husband on the basis of the Pension Payment Order dated 22.3.2002 (Annexure P-1). The said Pension Payment Order indicates the Petitioner Mamtaz Begum is the wife of Md. Nazaruddin. The Petitioner has further prayed for an Order commanding upon the Respondents to pay interest.
(3.) Short facts are that the husband of the Petitioner was a Primary School Teacher working at the Rejlapara Primary School under Hariharpara Circle in the district of Murshidabad. Her husband died in 2001 prior to his date of superannuation. The Petitioner has stated that she had filed an application for family pension whereafter Pension Payment Order was issued on 22.3.2002. According to the further case of the Petitioner, the deceased husband of the Petitioner left behind three sons, one daughter and this Petitioner as his legal heirs and representatives and the sons and the daughter being adults, the Petitioner does not have any independent source of income except family pension. She has also stated in paragraph 4 that after issuance of Pension Payment Order, she was getting pension.;


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