PUSPITA ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Affidavit-of-service filed on behalf of the petitioner is taken on record.

(2.) Petitioner Puspita Roy being the first wife of one Swapan Kumar Roy, claims family pension and other benefits in view of death of said Swapan Kumar Roy on 29/5/2012. Said Swapan Kumar Roy was an employee of Bidhan Chandra Krishi Viswa Vidyalaya and who was superannuated from service on 30/6/2007. Thereafter, he received retiral dues including pension till the date of his expiry on 29/5/2012. Dispute crops up relating to release of family pension and other benefits in favour of heirs of said Swapan Kumar Roy.

(3.) The present writ petition has been filed by the petitioner claiming to be the first wife. According to the petitioner, being the first wife she is entitled to receive family pension and other benefits irrespective of the fact that there is another lady, namely, Parul Roy who is claiming to be the second wife of said Swapan Kumar Roy. In support of the contention of the petitioner, reliance has been placed on the documents at pages 24 and 25 of the writ petition which according to the petitioner, is the invitation card relating to the marriage of the petitioner with Swapan Kumar Roy which was solemnized on 5/5/1981 and also the birth certificate of the petitioner's daughter who was born in the wedlock of the petitioner and Swapan Kumar Roy, which is at page 27 of the writ petition. According to the petitioner, these documents go long way to show that petitioner was legally wedded wife of Swapan Kumar Roy.