MST SAHAR BANU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) A very interesting point has arisen in this writ application. A widow of a deceased State employee, who got married to the employee after his retirement, claims family pension. The question is whether such widow is entitled to family pension.

(2.) The concerned employee retired on 1st February, 1996. He married the Petitioner on 14th November, 1998, and died on 26th August, 2002. The Petitioner/ widow made a claim for such pension which was rejected on 22nd March, 2003. The writ Petitioner has come up before the Court from such rejection.

(3.) Fortunately, the position has been clarified by the notification dated 20th March, 2006 of the Government of West Bengal which clarifies that "widow" includes "post retiral spouse".