SWAPNA DHAR Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. C.Baruah, learned Sr. counsel appearing on behalf of the petitioner, and also heard Mr. B.L.Singh, learned Sr. Govt. Advocate, Arunachal Pradesh on behalf of the State respondents. None appeared for the respondent No. 5 at the time of hearing.

(2.) The petitioner has approached this Court challenging an order No. LD/PF-170/ 02-03/4450 dated 19-02-03, issued by the Executive Engineer, Longding Division, FWD, Longding informing the petitioner that the service benefit payable to on account of her husband Late Ratan Dhar is payable to his father Gopal Dhar only in terms of the legal heir certificate, issued by the competent authority. The further challenge of the petitioner is another letter No. LD/PF/170/03-04/9574 dated 08-04-03, by which the Executive Engineer, Longding PWD Division, has informed the petitioner that the petitioner's name not having been declared as heir in the declaration given by Late Ratan Dhar, and as per the order passed by the SDJM, Kalyani, Nadia in Misc. Case No. 77/2001, the petitioner is not entitled to the service benefit payable on account of her deceased husband Late Ratan Dhar.

(3.) The case of the petitioner is that, her husband Late Ratan Dhar, while was serving as a Junior Engineer under the Longding Division under the Respondent No. 4, expired on 11.03.02 at St. Luke's Hospital, Tinsukia. After the death of Ratan Dhar, the petitioner laid necessary claim for getting service benefits payable on account of her husband. On support of her claim, the petitioner has also submitted an affidavit, sworn before the Magistrate, 1st Class, Kalyani District, Nadia, West Bengal as well as a legal heir certificate issued by the Judicial Magistrate, 1 st Class, Kalyani, Nadia District. In the meantime, the father of Late Ratan Dhar has also laid his claim for getting the service benefit payable to his son Late Ratan Dhar and it was brought to the notice of the concerned authority that the name of the petitioner is not mentioned in the Form under Rule 54 of the Central Civil Service (Pension) Rules, 1972 (in short, the CCS (Pension) Rules, 1972). In the said nomination filled up by Late Ratan Dhar, while he was in service, the name of Sri Gopal Dhar, the father of the petitioner and the respondent No. 5 herein, Mrs. Malina Dhar, mother, Ms. Gita Dhar, Sister, Master Subrata Dhar and Master Samir Dhar, both are brothers, have been included as the members of the family. The respondent No. 4 vide impugned letter dated 19/02/03 intimated the petitioner that the authority is not in a position to process the pension case of Late Ratan Dhar in her favour due to non-availability of the legal heir certificate and it was also stated therein that, Sri Gopal Dhar, father of Late Ratan Dhar has submitted a certificate issued by the competent authority to the effect that all the pensionary benefit payable to Late Ratan Dhar are payable to Gopal Dhar only. Again vide letter dated 05.04.03, the Executive Engineer further informed the petitioner that, there is no nomination entitling the petitioner to get the family pension and in terms of the order passed by the Judicial Magistrate Kalyani, Nadia in Misc. Case No. 77/2001, they are not in a position to process the said pensionary benefit in favour of the petitioner. It is pertinent to note here that, Late Ratan Dhar by his writing dated 05.03.02, just few days before his death expressed that his wife Smt. Swapua Dhar, the petitioner is no more his wife and requested the Executive Engineer, WD, Longding Division to pay all due payable to him from the Government such as Pay, GPF amount, pension money etc. to his father Sri Gopal Dhar. Situated thus, the petitioner approached this Court by way of this writ petition for necessary direction to pay the service benefits payable to her husband Late Ratan Dhar, in her favour.