AYESHA BEGAM Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. S. Das, learned counsel appearing for the petitioner as well as Mr. R. Saha, learned counsel appearing for the respondents No.1 and 2 and Mr. H. Deb, learned Asst. S.G. appearing for the respondent No.3.

(2.) The controversy raised in this writ petition falls within a short compass. The petitioner is the second wife of one Daulat Miah, who was a Group-D employee under the Directorate of School Education. Daulat Miah died on 09.04.1999. For his death, the respondents release the family pension in favour of the petitioner and his 1st wife, namely Tahera Khatoon in equal share. Nobody was aggrieved by the said arrangement. Tahera Khatoon died. The death certificate of Tahera Khatoon was issued on 18.01.2006, Annexure-3 to the writ petition showing that she died on 12.01.2006. None of the respondents has raised any question. In the wake of death of Tahera Khatoon, the petitioner is entitled to the entire amount of family pension, which was earlier divided into two shares, w.e.f. 13.01.2006. But the respondents did not acceed to the said demand.

(3.) By the communication dated 06.11.2017, the Treasury Officer, Agartala Treasury No.1 had informed the petitioner that the matter was pending before the respondent No.3 for instruction. But no decision in this regard was taken by the respondent No.3, Accountant General (A&E), Tripura, Agartala and as a result, the petitioner has urged this court to direct the respondents to pay the entire pension to her with 18% interest along with the arrears.