STATE OF TRIPURA Vs. NIRUBALA DAS

JUDGEMENT

(1.) Heard learned Government Advocate Mr. Debalay Bhattacharjee appearing for the appellants-State. Also heard learned senior counsel Mr. Somik Deb assisted by learned counsel Mrs. Riya Chakraborty appearing on behalf of the writ petitioner (respondent No.1 herein) as well as learned Asstt. Solicitor General Mr. Bidyut Majumder appearing on behalf of the respondent No.2-Union of India (Accountant General).

(2.) Challenge in the present writ appeal has been made to the judgment rendered by the Hon'ble Single Judge in WP(C) No.1482 of 2017 whereby the writ petition filed by the writ petitioner namely Smti. Nirubala Das came to be allowed directing the State to release family pension to the petitioner which is admissible to her in terms of memorandum dtd. 16/8/1999 from the date it became applicable, i.e. with effect from 1/1/1999.

(3.) Learned Government Advocate in support of the present appeal submits that the right of parents of deceased Government employee to claim for family pension itself arose on the issue of a notification by the State of Tripura vide memorandum dtd. 16/8/1999. Admittedly, the son of the present respondent-writ petitioner who was working as a constable passed away on 20/9/1997 prior to the issue of the aforesaid notification. Learned Single Judge dealt with this issue and in our considered view correctly held that even though the Government employee had passed away prior to the 1999 notification being passed, parents of a deceased employee who passed away prior to the date of the notification would still be entitled to the benefit thereunder.