MAYA RANI ROY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Petitioner is the second wife of a deceased government servant Nani Gopal Roy. She is entitled to family pension. Her nomination was also made by the deceased government servant during his life time. Despite this, since the respondents were not granting family pension, she had filed writ petition being WP(C) 705 of 2019. While allowing the writ petition by judgment dated 26.11.2019, the learned Single Judge required the respondents to release the family pension but subject to the petitioner producing the survival certificate of Nani Gopal Roy and Mamata Bala Roy, first wife of the deceased government servant. The petitioners grievance is that she is unable to produce these documents on account of which she is not receiving family pension.

(2.) In so far as the survival certificate of Mamata Bala Roy is concerned, the government has not shown any rule which would require the claimant of the family pension to produce the same. Such direction is therefore deleted.

(3.) With respect to the survival certificate of deceased Nani Gopal Roy, learned counsel for the appellant, original petitioner submitted that since the children of the first wife of the deceased government servant are not co-operating, petitioner is unable to produce their No-objection before the Sub Divisional Magistrate and on account of which she is unable to get the survival certificate. We do not think that No-objection of all legal heirs of a deceased is a necessary requirement before survival certificate can be issued. A survival certificate merely records the names of legal heirs of a deceased which can be gathered from the declaration made in an application for issuance of survival certificate and such further inquiry that may be conducted by the office of the Sub Divisional Magistrate.