Sanju Nath Sharma (Saha) vs State Of Tripura And 6 Ors

Arindam Lodh, J

Heard Mr. H. Deb, learned counsel appearing for the petitioner. Also heard Mr. D. Sarkar, learned counsel appearing for the State-respondents.

This is a petition for directing the respondents to release the Family Pension and other retiral benefits to the petitioner. The petitioner is the widow of Late Nitai Chandra Saha, who was serving as driver in the Animal Resource Development Department, Government of Tripura. The marriage between the petitioner and Late Nitai Chandra Saha had been solemnized on 16.12.2006 according to Hindu rites and customs, after the death of his first wife, on 28.08.2003. The first wife, Aparna Saha due to wedlock with Nitai Chandra Saha, gave birth of one son, namely Jayanta Saha (Respondent No. 5), daughters Smt. Chitra Saha (Chakraborty) (Respondent No. 6) and Smt. Sutapa Saha (Respondent No. 7). Nitai Chandra Saha expired on 02.02.2018 leaving behind his mother Smt. Puspa Rani Saha (Respondent No.4), wife Smt. Sanju Nath Sharma (Saha), the petitioner herein along with his above-stated son and daughters as his legal representatives.

After death of Nitai Chandra Saha, the petitioner made an application on 26.09.2019 and subsequently on 22.06.2020, with relevant papers, addressing to the respondent no. 3, the Deputy Director of Animal Resource Development Department, Government of Tripura, Jawaharnagar, Dhalai District, claiming to get Family Pension and other financial benefits of Late Nitai Chandra Saha, but, as required by the Department, the “No Objection Certificate” from the other legal heirs of deceased Nitai Chandra Saha could not be produced, as there was no sweet relation between the petitioner and other legal heirs i.e. the respondent no. 4 to respondent no. 7. The respondent no. 3 again asked the petitioner to produce “No Objection Certificate”.

Mr. Sarkar, learned counsel appearing for the respondents has submitted that since the petitioner failed to produce “No Objection Certificate” from other legal heirs of the deceased, Nitai Chandra Saha, it was not possible for them to release the Family Pensions and other retiral benefits in favour of the petitioner.

In view of this, I direct the respondents concerned to release Family Pensions and other retiral benefits in favour of all the eligible members of the legal heirs of Late Nitai Chandra Saha. The entire exercise of releasing such benefits in favour of the petitioner and other eligible respondents shall be completed within a period of 2 (two) months from the date of receipt of the copy of the order.

With the aforesaid directions, the instant writ petition stands allowed and disposed of.