NANDITA SHIL Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THE instant writ petition is filed under Article 226 of the Constitution of India seeking a direction from this Court for granting proportionate retrial benefits including the pension in favour of the petitioners modifying the impugned orders dated 30. 7. 2008 (Annexure-P4) and dated 30. 7. 2008 (Annexure-P 5) respectively.

(2.) THE petitioners, namely, Smti Nandita Shil and Sri Nayanmoni Shil, the minor daughter and son respectively, are represented by their natural guardian, mother, Smti. Jamuna Dutta (Shil), the 2nd wife of the said deceased employee, Nani Gopal Shil, who, while serving as Head Forest Guard under the Divisional Forest Officer, Sadar, died on 5. 2. 2005. The respondent No. 4 herein, Smt. Hasu Rani Shil is the 1st wife of the deceased employee Nani Gopal Shil who subsequently married Smti Jamuna Dutta (Shil), the 2nd wife, and had been living with her. The petitioners were born out of the wedlock between Nani Gopal Shil and Smti. Jamuna Dutta (Shil), the 2nd wife.

(3.) A Survival Certificate dated 19. 8. 2006 was issued by the Sub-Divisional Magistrate, Bishalgarh that Nani Gopal Shil, beside the respondent No. 4, the 1st wife, left behind the petitioners herein. The respondent No. 4 made an application before the learned Civil Judge, Senior Division, West Tripura, Agartala under Section 372 of the Indian Succession Act praying for issuance of Succession Certificate in her favour with respect to the debts and securities to the properties left behind by Nani Gopal Shil which was registered as Misc. (Succ) No. 35 of 2007 and the learned Civil Judge after hearing the parties by an order dated 1. 10. 2007 directed to issue Succession Certificate with the observation that 'issue Succession Certificate immediately so as to entitle the petitioner Smt. Hasurani Shil and the two petitioners (No. 2 and 3) namely Kumari Nandita Shil and Nayanmani Shil, who are minors and being represented by Opposite Party No. 1 Smt. Jamuna Dutta (Shil) to draw the debts and securities along with interest as left behind by deceased Nani Gopal Shil, if proper requisites are filed'. As such, Succession Certificate was issued in favour of the respondent No. 4 and the petitioners herein with respect to the debts of Rs. 1,12,100/- being the money deposited in life insurance policy No. 491395955 in the name of Nani Gopal Shil so that they may collect/realize/withdraw the amount of debts and securities with up to date interest, if any in equal share. However, provisional gratuity payment order and the pension payment order were made on 30. 7. 2008 to make payment of Rs. 1,30,680/- as DCRG and Rs. 2640/- respectively in favour of the respondent No. 4.