Tripura High Court: A Division Bench of Akil Kureshi, CJ and Arindam Lodh, J., allowed and disposed of an appeal filed aggrieved by the order of the Single Judge.
Petitioner was the second wife of a deceased government servant Nani Gopal Roy and was entitled to a family pension as her nomination was also made by the deceased government servant during his lifetime. Despite which the respondents were not giving her the pension to which she had filed a writ petition. While allowing the writ petition the Single Judge ordered the respondents to release the pension subject to the production of the survival certificate of Nani Gopal Roy and Mamata Bala Roy, the first wife of the deceased government servant. The petitioner’s grievance was that she was unable to produce those documents because of which she was not receiving her pension.
The Court while allowing and disposing of the appeal stated that the government has not shown any rule which would require the claimant of the family pension to produce the documents of the first wife, thus, that direction needs to be deleted and with respect to the document of the husband, a No-objection of all legal heirs of a deceased is not a requirement for issuance of survival certificate. Thereupon, the Court directed the petitioner to apply to the concerned Sub Divisional Magistrate for issuance of survival certificate of deceased Nani Gopal Roy and then approach the State-authorities for release of her family pension. [Maya Rani Roy v. State of Tripura, 2020 SCC OnLine Tri 62 , decided on 11-02-2020]