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Judgment
I.P. Mukerji, J.—A very interesting point has arisen in this writ application. A widow of a deceased State employee, who got married to the employee after his retirement, claims family pension. The question is whether such widow is entitled to family pension.
The concerned employee retired on 1st February, 1996. He married the Petitioner on 14th November, 1998, and died on 26th August, 2002. The Petitioner/ widow made a claim for such pension which was rejected on 22nd March, 2003. The writ Petitioner has come up before the Court from such rejection.
Fortunately, the position has been clarified by the notification dated 20th March, 2006 of the Government of West Bengal which clarifies that "widow" includes "post retiral spouse".
Therefore, the writ Petitioner is entitled to be treated as "widow" of the deceased employee for the purpose of family pension. I declare so.
Therefore, I direct the Respondent No. 5 to release family pension and other related benefits not already paid, in accordance with law, in accordance with the above observations and findings, within a period of eight weeks from the date of communication of this order.
The writ application is accordingly disposed of.
There will be No. order as to cost.
Photocopy of this order duly countersigned by the Assistant Registrar (Court), be given to the respective parties on usual undertaking.