(1.) By means of this writ petition the petitioner has prayed that a writ of mandamus be issued directing the respondents to grant Death-Cum-Retirement benefits and family pension to the petitioner in respect of the death of his father which took place on 15.02.1982.
(2.) From the material placed on record It appears that the father of the petitioner Shri Nani Gopal Debnath was working as Khalasi in the office of the Resident Electrical Engineer, Agartala w.e.f. 23.12.1960. It appears that on 08.03.1961 he suffered some injuries while using a blow lamp and thereafter he was not kept in job. He made a representation. However, it is not clear what happened to the representation. Finally on 29.7.1965 Nani Gopal Debnath was again called for interview and from the material which is placed on record it is apparent that on 16.01.1965 he was selected as Khalasi and joined as such on regular basis. While joining as Khalasi he was released from the office of the Agartala Electric Supply Agartala.
(3.) Therefore it is apparent prior to 1965 the father of the petitioner was in Government service. Unfortunately the father expired on 15.02.1982. At that time the petitioner was barely 5 and half years old. Unfortunately for the petitioner his mother also expired 10(ten) months later in the same year i.e. on 15.12.1982. The petitioner attained majority in the year 1994. He did not do anything in the matter and for the first time he sent a notice on 05.09.2002 praying for payment of family pension including pensionary benefits i.e. Gratuity, leave encashment etc. This notice is a very well drafted notice and appears to have been drafted either by a counsel or by some other persons who is well conversant with the relevant provisions. The petitioner then sent a reminder on 04.09.2002 also. In the meantime on 07.08.2002 a communication was sent by the S.D.O. Electrical to the Executive Engineer Electrical Division, Khowai, West Tripura in which is mentioned as follows: