SHYAMA DEVI (SINGH) Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) THIS is a sad case which exemplifies the totally technical and callous attitude of the authorities while dealing with matters relating to payment of pension and gratuity to the heirs of a deceased employee.

(2.) THE undisputed facts are that Sunil Kumar Singh was working in Tripura State Rifles and at the time of his death in the year 2004 he was holding the post of Naik. Shri Sunil Kumar Singh expired on 26.08.2004. In the service record of Sunil Kumar Singh, the name of his wife and nominee was reflected as Shyama Devi, the present petitioner. However, after the death of Sunil Kumar Singh, Sunita Devi, respondent No. 4 herein also filed a claim that she was the widow of Sunil Kumar Singh and she further alleged that she was the first wife of Sunil Kumar Singh. Thereafter, two separate survival certificates were produced by both Shyama Singh and Sunita Kumari. In the survival certificate produced by Shyama Singh, the legal heirs were shown as Shyama Singh and two minor children Abinash Kumar and Kanupriya, who were born on 19.02.1997 and 04.08.1999 respectively which means that in the year 2004 they were 7 and 5 years old respectively. On the other hand, Sunita Devi produced a survival certificate in which the legal heirs were shown to be Sunita Devi, Shyama Devi, Abinash Kumar and Kanupriya. In the same certificate Shyama Devi was mentioned as second wife and the two children as children from the second wife.

(3.) THE two widows of Sunil Kumar Singh entered into an agreement on 24.11.2005 which was duly notarized and in terms of this agreement they agreed that the pension in respect of Sunil Kumar Singh would be given to Sunita Devi and Shyama Devi would be entitled to get compassionate employment in place of her husband and all the remaining cash on account of the retiral benefits would be given to the two children under the guardianship of Sunita Devi. Not only this, the agreement also states that the entire guardianship of the family will rest with Sunita Devi.