UNION OF INDIA Vs. SIPRA MOITRA

JUDGEMENT

(1.) - This appeal is directed against the reversing judgment and decree passed by the Assistant District Judge, Sealdah in title appeal 145 of 1990 by which the plaintiff Suit in Title Suit No. 618 of 1986 has been decreed.

(2.) Plaintiff/respondent No. 1 has filed the suit for declaration and permanent injunction of her status as the legally married wife of the deceased Biplab Kumar Moitra and for mandatory injunction directing the appellant to give her suitable job under rehabilitation scheme.

(3.) The deceased Biplab Kumar Moitra was an employee in the Post and Telegraph Department and had worked as wireman (Planning Branch) under Calcutta Telephones. At the time of his death he was attached with Exchange No. 52 at B.T. Road. He married to the respondent No.1 according to Hindu Rites on 31st January, 1983 and thereafter they lived as husband and wife. After working for sometime the respondent/plaintiff's husband left for Joypore to bring back his belongings which he had left before his transfer to Calcutta. But, unfortunately, plaintiff got information from the office of the employer of her husband that he died on 17th December, 1983. Immediately after having come to know about death of her husband, she made several representation to the General Manager, Calcutta Telephones about her claims payable on account of death of her husband and further sought employment on compassionate ground but all her requests were turned down. The appellant had, however, directed the respondent No. 1 on 18th May, 1985 asking her to produce legal evidence in support of her marriage with deceased Biplab. But, subsequently, the authorities denied her claims on the ground that the deceased Biplab Kumar Moitra had earlier married to Gopa who produced succession certificate in support of her claim. Thus, the claiming of the plaintiff was ignored by the appellant.