SMTI. CHAMPA GANGULI Vs. THE STATE OF TRIPURA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF COOPERATIVE SOCIETY, THE REGISTRAR AND THE ACCOUNTANT GENERAL, GOVERNMENT OF INDIA

JUDGEMENT

(1.) THE petitioner, by means of this petition, wants that she be granted family pension in respect of her deceased husband Late Siba Prasad Ganguli.

(2.) THE undisputed facts are that Late Siba Prasad Ganguli was a government servant, who expired on 2nd August, 1993. On his death the present petitioner was granted appointment on compassionate basis and joined as such on 29.12.1993. As per the petitioner herself she was paid family pension till April, 1998. It is not disputed that on 27.08.1998 she wrote a letter attached as Annexure 2 to the petition. This letter is in response to a notice dated 22.03.1995 issued to the petitioner. For the reasons best known to the petitioner copy of that notice has not been annexed with this petition. However, from a reading of the reply it is apparent that in the notice issued to the writ petitioner an allegation was made that she had married one Tapan Mallik and, therefore, she was no longer entitled to family pension. In response to this notice the petitioner replied as follows:

(3.) Thereafter the petitioner in the year 1999 sent a communication to the department withdrawing the earlier communication, dated 22nd August, 1998 and claiming that she had never got married to Tapan Mallik. This request was turned down on 23.06.1999. Thereafter, according to the petitioner, she filed a writ petition before this Court and the writ petition was disposed of with the following observations: