T. NK Singh, J.@mdashHeard Mr. SS Dutta, learned Counsel for the Petitioner and Mr. A. Lodh, learned ASG, learned Counsel appearing for the Respondents-1 and 2 as well as Mrs. AS Lodh, learned G.A. appearing for the Respondents-3 and 4.
2. By this application, the Petitioner who is said to be the wife of the deceased, Bijan Bihari Gupta, who was an employee of the Public Works Department, Govt. of Tripura prays for a direction to the Respondents to sanction and pay family pension and other service benefits of Late Bijan Bihari Gupta to the Petitioner.
3. Brief facts leading to the filing of this writ petition which should be sufficient for deciding the present issue are noted; the Petitioner''s husband, Bijan Bihari Gupta, married the Petitioner on 20.11.90 by performing all rituals for marriage under the Hindu Law inasmuch the Petitioner and Bijan Bihari Gupta are the Hindu by religion.
4. After the duly solemnised marriage on 20.11.90 the Petitioner and her husband continued to live as husband and wife. On 2.5.05 Petitioner''s husband, Bijan Bihari Gupta, suddenly died at Ambassa and at the time of his death the Petitioner and other family members of the Petitioner''s husband were present.
5. After the death of her husband, Bijan Bihari Gupta, the Petitioner approached the authority of the Public Works Department at Ambassa, Dhalai for granting family pension and other service benefits for her husband by submitting an application to the S.D.O., PWD Ambassa.
Vide letter dated 15.7.08 the Treasury Officer, Dhalai District forwarded the application of the Petitioner for family pension to the Senior Accounts Officer, Pension Cell, Office of the A.G. Tripura, Agartala for doing the needful, but no tangible action had been taken from the side of the Respondents for granting family pension to the Petitioner on the death of her husband, Bijan Bihari Gupta. Being aggrieved the Petitioner has approached this Court by filing the present writ petition.
6. The Respondent Nos-1 and 2 had filed a joint affidavit wherein it is contended that as per the records available, Petitioner is not the wife of Bijan Bihari Gupta and there is no proof that the Petitioner is the wife of Bijan Bihari Gupta. The Respondent Nos-1 and 2 further contend in their affidavit in-opposition that the procedures for endorsement of family pension entitlement of post-retiral spouses in the PPO have not been followed inasmuch as the Petitioner''s husband, Bijan Bihari Gupta did not report the marriage with the Petitioner in the manner provided in G.I.,Dept. Of P.& P.W., O.M. No. 1(23)-P. & P.W./91-E, dated the 4th November, 1992, which read as follows:
(16) Endorsement of family pension entitlement of post-retiral spouses in the PPO- procedure for.-The question of laying down the procedure for endorsement of family pension entitlement of post-retiral spouse in the Pension Payment Order of the Pensioner has been under consideration of this Department. It has now been decided that the following procedure may be followed for endorsement of family pension entitlement of post-retiral spouse in the Pension Payment Order of Central Government Civil Pensioners:
(i) As and when a pensioner marries or re-marries after retirement, he shall intimate the event to the Head of Office who processed his pension papers at the time of his retirement. He shall also furnish along with his application an attested copy of the marriage certificate from Registrar/Gram Panchayat/District Marriage in respect of his post-retirement marriage.
(ii) The Head of Office on receipt of the application mentioned above and after due verification where necessary, forward the papers to the concerned Pay & Accounts Officer for issue of corrigendum PPO. While forwarding the papers to the Pay & Accounts Officer, the provisions of Clause (b) of Sub-rule (7) of Rule 54 of the CCS (Pension) Rules, 1972, shall be kept in mind.
When the pensioner does not have any child or children from his previous marriage, if any, the post retiral spouse shall be eligible for full family pension. Where the pensioner has any eligible child or children from another wife who is not alive, the family pension to the post-retiral spouse and the child/children from the previous marriage will be authorised in terms of Clause (b) of Sub-rule (7) of Rule 54 ibid.
(iii) The corrigendum PPO shall be forwarded by the Pay & Accounts Officer to the concerned pension disbursing authority through the Central Pension Accounting Office.
A copy of the corrigendum PPO shall also be endorsed to the pensioner.
(iv) As far as children, including those born after retirement, are concerned, a fresh PPO will be issued as and when the turn of each child for receipt of family pension is reached as at present.
The application will be submitted in the attached proforma.
7. Mrs Lodh, learned G.A. appearing for the State Respondents-3 and 4, by referring to the Service Book of Bijan Bihari Gupta, contends that as per service record Petitioner is not the nominee of Bijan Bihari Gupta.
8. To the contra, the Petitioner had annexed a joint affidavit dated 9.3.2005 sworn by Bijan Bihari Gupta and the Petitioner stating that the Petitioner is the legally married wife of Bijan Bihari Gupta and their marriage was solemnised on 20.11.90.
9. Taking into consideration of the rival contentions of the parties, it appears that there is disputed question of fact as to whether the Petitioner is the legally married wife of Bijan Bihari Gupta. Merely because of this disputed question of fact, the Petitioner, if she is the legally married wife of Bijan Bihari Gupta, cannot be denied family pension. In such circumstances, Petitioner has to produce valid document or decree from a Civil Court of competent jurisdiction to prove that she is the legally married wife of Bijan Bihari Gupta.
10. It is made clear that if the Petitioner can produce a valid document or declaration from a Civil Court to the effect that she is the legally married wife of Bijan Bihari Gupta, the Respondents shall take up prompt steps for granting family pension and all other admissible entitlement of post-retiral spouses by following the prescribed procedures to the Petitioner.
11. This writ petition is disposed of accordingly.
