SRIMATI BISWAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By means of filing the instant writ petition, the petitioner has prayed for the following reliefs:

(2.) Shortly stated, the petitioner is a widow of a retired Government employee. The employee concerned, Late Jatindra Biswas, who is the husband of the petitioner, died on 9/1/2013 while he was in service under the State-respondents. During his service period and long before his death, the husband, late Jatindra Biswas re-married the petitioner after the death of his first wife according to Hindu rites and customs, as provided under the Hindu Marriage Act. After the death of Jatindra Biswas his employer (Director of Elementary Education, Govt. of Tripura) forwarded all necessary papers and furnished all information to the Accountant General(respondent no. 4) requesting to accord sanction. The death certificate of his first wife was also submitted. The petitioner has also produced the survival certificate, ration card, Aadhaar card and all other relevant documents. The respondent no. 4 had made so many queries during the process to the petitioner and the petitioner responded to all the queries. The latest query is that the petitioner has to produce the marriage certificate to the respondent no. 4 and the respondent no. 4 has further built up a case of bigamy. As is revealed from paragraph 4 of the counter-affidavit submitted by the respondent no. 4, in that process, a substantial time of 7 years has been elapsed over without addressing the legitimate claim of the petitioner.

(3.) I have heard Mr. T. D. Majumdar, learned senior counsel assisted by T. Halam, learned counsel appearing for the petitioner. Also heard Mr. Bidyut Majumdar, learned Asstt. SG, who argued the case on behalf of the respondent no. 4 (Accountant General, Tripura). Mr. M. Debbarma, learned Addl. GA appeared for the State-respondent (respondent no. 1, 2, and 3) under which the petitioner was an employee and died during his service.