SWAPNA NANDI ROY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Petitioner is a widow of deceased Government servant Narayan Chandra Roy who died on 12.10.2017 while still in service. At the time of his death he was working as a Night Guard. His widow has so far not received the family pension and her request for appointment on compassionate ground has also got stuck on account of administrative red-tapism. It is painful to encounter a case where because of one legal requirement after another, the widow of a deceased Government servant more than two years after the death has received no family pension.

(2.) The situation has arisen because the Government servant had married twice. The petitioner is the second wife, the deceased having married her after the death of his first wife. The case for appointment on compassionate ground is not proceeding because the petitioner is unable to produce survival certificate. Survival certificate is not being issued because the petitioner is unable to make an application duly signed by all legal heirs of the deceased. Family pension is stalled because of similar reasons, though in the service book the deceased had nominated the petitioner for receipt of such family pension.

(3.) Learned counsel for the petitioner submitted that the Sub-Divisional Magistrate (SDM) is refusing to accept the application for issuance of survival certificate unless it is signed by all legal heirs of the deceased. The stepdaughters of the petitioner are not in good terms with her and, therefore, refuse to sign it. He stated that the deceased had left behind his widow, i.e. the present petitioner, his minor son born out of the second marriage and 4(four) daughters of the previous marriage. All of them are married and are shown as respondents No.6 to 9 and who have not responded to the notice of this petition.