LAWS(MEGH)-2014-8-7

SAMIRA BEGUM Vs. UNION OF INDIA

Decided On August 12, 2014
Samira Begum Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) BY this writ petition, the petitioner is praying for a direction to the respondents to disburse the family pension as well as gratuity of (L) Binod Poddar in favour of the petitioner.

(2.) NONE appears for the petitioner without showing any cause. Heard Mr. R Deb Nath, learned CGC appearing for the respondent No. 1 and Mr. SP Mahanta, learned senior counsel assisted by Ms. S. Pde, learned counsel appearing for the respondent No. 2.

(3.) (L) Binod Poddar was working in the office of the respondent No. 2 in the capacity of Safaiwala, which is a Grade -IV post. The petitioner is the wife of (L) Binod Poddar. As per the pleadings in the writ petition, Binod Poddar expired on 05.10.2011 while (L) Binod Poddar was in service. After the death of (L) Binod Poddar, the petitioner being the widow of (L) Binod Poddar approached the respondent No. 2 with a written representation dated 24.11.2011 for disbursement of family pension as well as other securities in favour of the petitioner. It is also stated that on 19.04.2012, the petitioner again submitted a representation that (L) Binod Poddar had nominated the petitioner as his wife for payment of provident fund and death gratuity. The petitioner also further stated that the petitioner's maiden name prior to her marriage was Samira Begum but after the marriage her name was changed as Rasho Devi and also her marriage with (L) Binod Poddar was according to Hindu rites and customs.