Back
2010 Supreme(Cal) 643
High Court Of Calcutta
I.P. Mukerji, J.
Sahar Banu - Appellants
Vs
State Of West Bengal - Respondents
W.P. No. 914(W)of 2005
Decided on: June 17, 2010
Yasin Ali, Yusuf Ali, Harun-Al-Rashid, K.M.Hossain, Tapabrata Chakraborty, Kumaresh Dalal
The legal principle established is that a widow who marries a state employee after his retirement is entitled to family pension as clarified by the government notification.
Headnote:
Family Pension - Post Retiral Spouse - The court clarified that a widow who married a state employee after his retirement is entitled to family pension, as clarified by a government notification.
Fact of the Case:
The widow of a deceased state employee, who married the employee after his retirement, claimed family pension. The claim was rejected, leading to the writ application before the court.
Finding of the Court:
The court found that the widow is entitled to be treated as the 'widow' of the deceased employee for the purpose of family pension, based on the clarification provided by the government notification.
Issues: Entitlement of family pension to a widow who married the employee after his retirement.
Ratio Decidendi: The court relied on the government notification which clarified that 'widow' includes 'post retiral spouse', leading to the decision in favor of the petitioner.
Final Decision: The court directed the respondent to release family pension and related benefits to the petitioner in accordance with the law and the court's findings.
1. A very interesting point has arise 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.
2. 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".
3. THEREFORE, the writ petitioner is entitled to be treated as "widow" of the deceased employee for the purpose of family pension. I declare so.
4. 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.
5. THERE will be no order as to cost.
6. PHOTOCOPY of this order duly countersigned by the Assistant Registrar (Court), be given to the respective parties on usual undertaking.
