Ayesha Begam vs State Of Tripura And Ors

[1] Heard Mr. S. Das, learned counsel appearing for the petitioner as well as Mr. R. Saha, learned counsel appearing for the respondents No.1 and 2 and Mr. H. Deb, learned Asst. S.G. appearing for the respondent No.3.

[2] The controversy raised in this writ petition falls within a short compass. The petitioner is the second wife of one Daulat Miah, who was a Group-D employee under the Directorate of School Education. Daulat Miah died on 09.04.1999. For his death, the respondents release the family pension in favour of the petitioner and his 1st wife, namely Tahera Khatoon in equal share. Nobody was aggrieved by the said arrangement. Tahera Khatoon died. The death certificate of Tahera Khatoon was issued on 18.01.2006, Annexure-3 to the writ petition showing that she died on 12.01.2006. None of the respondents has raised any question. In the wake of death of Tahera Khatoon, the petitioner is entitled to the entire amount of family pension, which was earlier divided into two shares, w.e.f. 13.01.2006. But the respondents did not acceed to the said demand.

[3] By the communication dated 06.11.2017, the Treasury Officer, Agartala Treasury No.1 had informed the petitioner that the matter was pending before the respondent No.3 for instruction. But no decision in this regard was taken by the respondent No.3, Accountant General (A&E), Tripura, Agartala and as a result, the petitioner has urged this court to direct the respondents to pay the entire pension to her with 18% interest along with the arrears.

[4] The respondents No.1 and 2 have filed the reply through Mr. R. Saha, learned counsel and stated that those respondents are not concerned about the relief sought by the petitioner. The relief sought is against the respondent No.3 inasmuch as the respondent No.3 is to issue a fresh Pension Payment Order in favour of the petitioner in view of the death of Tahera Khatoon.

[5] The respondent No.3 has also filed their reply through Mr. H. Deb, learned Asst. S.G. stating that on receipt of the representation of the writ petitioner on 17.07.2018 (Annexure-9 to the writ petition), the office of the respondent No.3 made communication with the writ petitioner vide letter dated 31.07.2018 (Annexure-10 to the writ petition) whereby the petitioner had been informed that the said issue was pending for getting some document/information in respect of Tahera Khatoon (the deceased wife of Daulat Miah). The respondent no.3 vide the letter dated 02.07.2018, Annexure-11 to the writ petition, has requested the Treasury Officer, Agartala-1 to disburse the family pension to the writ petitioner w.e.f. 01.07.2017 as was regularly drawn earlier by her as per instruction contained in the PPO, till furnishing of the documents/information in respect of Tahera Khatoon viz. (a) Original pension portion of Tahera Khatoon and (b) Survival Certificate of Tahera Khatoon. The respondent No.3 has clarified that on examination of records, it will be convenient for them to authorize the full family pension in favour of the writ petitioner.

[6] Having heard the learned counsel for the parties, this court is of the view that for a simple technical reason, full family pension has not been disbursed to the petitioner even though there is no dispute as regard her status to have the full family pension. Hence, the respondent No.3 is directed to act on the photocopy of the Pension Payment Order which will be filed by the petitioner within a period of 7 (seven) days from the date of receiving a copy of this order and the full family pension shall be released in favour of the petitioner by issuance of a new Pension Payment Order so that the petitioner can get the full pension from the treasury. All arrears of pension w.e.f. 13.01.2006 shall be paid within a period of 3 (three) months from the date of submission of the said photocopy of the said Pension Payment Order as issued in favour of the petitioner. The petitioner was not in possession of the original pension payment order of Tahera Khatoon either original or the photocopy. The petitioner shall, therefore, produce the attested copy of the survival certificate and the death certificate in respect of Tahera Khatoon along with the said copy of the Pension Payment Order which was issued in favour the petitioner. While filing those documents in terms of this order, the petitioner shall file a short representation in respect of her entitlement for the full pension.

[7] Accordingly, this writ petition stands allowed and disposed of.

There shall be no order as to costs.

A copy of this order be furnished to Mr. H. Deb, learned Asst. S.G. for his doing the needful.