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High CourtsSingle Bench(2021) 04 TP CK 0013

Usha Ranjan Debnath vs State Of Tripura And 3 Ors.

Tripura High Court · Decided on 6 April 2021

HON’BLE JUDGES
S. Talapatra, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 680 Of 2020

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Judgment

8 paragraphs · 374 words
1.

Heard Mr. A. Nandi, learned counsel appearing for the petitioner as well as Mr. D. Sharma, learned Addl. G.A. appearing for the respondents.

2.

The petitioner has retired from the service on 29.02.2020 on superannuation. The petitioner was working as the Store keeper under the Department of Education being lastly posted at Government Degree College, Dharmanagar. Even though the petitioner has been given the provisional pension but no regular pension has been released as yet to the petitioner without any tenable reason and hence this petition.

3.

It is the apprehension of the petitioner that the respondents have acted on one application filed by Smt. Manju Rani Roy (Debnath) who has claimed herself as the legal wife of the petitioner. The petitioner has not denied that Manju Rani Roy (Debnath) has been getting the maintenance from the petitioner as the estranged wife.

4.

On reading of the reply filed by the respondents it appears that the apprehension of the petitioner came out to be correct inasmuch as it has been stated in para-15 & 16 of the reply that Smt. Manju Rani Roy (Debnath) had submitted the marriage registration certificate and the order of maintenance as passed by the Judge, Family Court. Save and except this reason no other 'impediment' has been indicated. Mr. D. Sharma, learned Addl. G.A. appearing for the respondents has submitted that there is no other impediment and for regular pension, the process has been initiated from the end of the department.

5.

Be that as it may, who will be nominated by the government employee cannot be dictated by anyone as the nomination does not take away any right that may emerged after death of the person who makes the nomination. The respondents ought to have ignored the application filed by Manju Rani Debnath (Roy) as the said application was made for strange purpose, viz. for inclusion of her name in the nomination. The respondents are therefore directed to take all steps rigorously so that the regular pension is released to the petitioner within 3(three) months from today.

The provisional pension shall continue till the regular pension is released.

In terms of the above, this petition stands allowed and disposed of.

Pending application, if any, stands disposed of.