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Judgment
Deepak Gupta, C.J.—By means of this petition, the petitioners have prayed for grant of two reliefs: (1) they have sought compassionate appointment under the kith and kin policy relating to compassionate appointment of the deceased and (2) they have prayed that the pension be ordered to be paid to them in accordance with law.
The undisputed facts are that Smt. Bina Rani Nath, mother of the petitioners joined service as Dhai in 21.02.1981 in the then Kamalpur Border Area Project. At the time of her death her total emoluments as stated by the respondents was Rs. 4925/- per month. The stand of the Social Welfare Board is reflected in para-12 of their reply wherein it is clearly admitted that after the death of Smt. Bina Rani Nath her husband, Amar Chandra Majumder was entitled to get family pension and other terminal benefits. It is further stated that the husband was paid Death-cum-Retirement Gratuity amounting to Rs. 1,73,858/-. There is no denial by the respondent No. 1 of its liability to pay pension. Even the State in its reply in para-9 has submitted that Late Bina Rani Nath was an employee of the erstwhile Kamalpur Border Area Project and this project was brought under the purview of C.C.S. (Pension) Rules, 1972 in pursuance of the Government of Tripura Education (Social Welfare and Social Education) Department Memo dated 16.08.1989 and further vide notification dated 21.06.2000. It is clearly stated as follows:
"Accordingly the legal heir of deceased Bina Rani Nath was entitled to get family pension."
Therefore, there is no denial of the right of the legal heirs to get family pension. It is indeed shocking that though State as well as Social Welfare Board have not denied their liability to pay the pension to the legal heirs but in actual fact, no family pension has been released till date.
Therefore, we direct that pension in terms of Rule 54 of the C.C.S. (Pension) Rules, 1972 which are admittedly applicable in the case of the deceased shall be paid to the husband till the date of his re-marriage, to the eldest son till he attains the age of 25 then to the second son till he attains the age of 25 and lastly to the daughter till she attains the age of 25 or got married whichever is earlier. The respondents shall also be liable to pay interest @9% per annum on the delayed pension. The arrears of pension and pension be paid on or before 31st March, 2015 failing which interest shall be paid @ 12% per annum.
As far as the claim for grant of job is concerned that claim cannot be accepted because admittedly the husband of the deceased was a Government servant and merely because he has remarried does not entitle the children to get compassionate appointment. Accordingly, the said prayer is rejected.
The writ petition is disposed of in the aforesaid terms. No order as to costs.