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2014 Supreme(Tri) 388

DEEPAK GUPTA, S.TALAPATRA
Shyama Devi (Singh) – Appellant
Versus
State of Tripura – Respondent


Advocates Appeared:
For the Petitioner:C.S. Sinha and D.C. Saha, Advocates.
For the Respondents:S. Deb, Sr. Advocate, S. Datta and B. Debnath, Advocates.

JUDGMENT

Deepak Gupta, CJ.

1. This is a sad case which exemplifies the totally technical and callous attitude of the authorities while dealing with matters relating to payment of pension and gratuity to the heirs of a deceased employee.

2. The undisputed facts are that Sunil Kumar Singh was working in Tripura State Rifles and at the time of his death in the year 2004 he was holding the post of Naik. Shri Sunil Kumar Singh expired on 26.08.2004. In the service record of Sunil Kumar Singh, the name of his wife and nominee was reflected as Shyama Devi, the present petitioner. However, after the death of Sunil Kumar Singh, Sunita Devi, respondent No. 4 herein also filed a claim that she was the widow of Sunil Kumar Singh and she further alleged that she was the first wife of Sunil Kumar Singh. Thereafter, two separate survival certificates were produced by both Shyama Singh and Sunita Kumari. In the survival certificate produced by Shyama Singh, the legal heirs were shown as Shyama Singh and two minor children Abinash Kumar and Kanupriya, who were born on 19.02.1997 and 04.08.1999 respectively which means that in the year 2004 they were 7 and 5 years old respectively. On the other hand, S
























































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