LAWS(TRIP)-2019-11-28

MAYARANI ROY Vs. STATE OF TRIPURA

Decided On November 26, 2019
Mayarani Roy Appellant
V/S
STATE OF TRIPURA Respondents

JUDGEMENT

(1.) Heard Mr. K. Nath, learned counsel appearing for the petitioner as well as Mr. D. C. Saha, learned counsel appearing for the respondents No.1-5 and Mr. H. Deb, learned Asst. S.G. appearing for the respondents No.6 and 7.

(2.) This is an application for directing the respondents to release the petitioner 's family pension on account of death of Nani Gopal Roy, a pensioner who used to serve under the Factories and Boilers Organization. Nani Gopal Roy since deceased used to get the pension vide PPO No.PEN3/TRIP/S/SUP/3335 issued by the Senior Accounts Officer, Office of the Accountant General (A and E) w.e.f. 01.08.2002. On 21.02.2009, Nani Gopal Roy expired as is evident from the death certificate No.304/2009, Annexure-4 to the writ petition.

(3.) Mr. K. Nath, learned counsel appearing for the petitioner has submitted that for lack of awareness, the petitioner could not apply for the family pension in time, but she had approached the authorities for release of the family pension, but finally on 22.11.2017, the petitioner filed her representation to the Inspector of Factories, Government of Tripura by stating that her due family pension had not been related and as a result of which she had been passing her days in extreme hardship. Despite that, family pension was not released. The respondents have filed their respective replies. From the reply filed by the respondents No.1-5, it appears that they have denied their responsibilities in withholding of the family pension by stating that the petitioner had visited the office of the respondent in the month of December, 2016 when the petitioner was asked to submit the death certificate of the first wife of Nani Gopal Roy namely, Malati Bala Roy. But the petitioner had failed to submit the same.