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HIGH COURT OF TRIPURA

AGARTALA

WP(C) No.1036/2022

Prativa Nath Goala & another

………Petitioner(s).

V E R S U S

The State of Tripura & others

………Respondent(s).

For Petitioner(s)

: Mr. Sankar Lodh, Advocate,

Mr. Samarjit Bhattacharjee, Advocate.

For Respondent(s)

: Mr. Bidyut Majumder, Dy. S.G.I.,

Mr. Debalay Bhattacharya, G.A.,

Mr. Mangal Debbarma, Addl. G.A.,

Mr. T.K. Deb, Advocate.

HON’BLE THE CHIEF JUSTICE (ACTING)

Order

10/02/2023

Heard Mr. Sankar Lodh, learned counsel as well as Mr.

Samarjit Bhattacharjee, learned counsel appearing for the petitioners.

Also heard Mr. Mangal Debbarma, learned Addl. Government Advocate

appearing for the State respondents No.1 to 5, Mr. Bidyut Majumder,

learned Dy. S.G.I. appearing for the respondent No.6 and Mr. T.K. Deb,

learned counsel appearing for the respondent No.7.

2.

This instant writ petition has been filed under Article 226 of

the Constitution of India seeking a direction to the respondents to release

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the regular monthly family pension and other post-death benefits

including arrears thereof along with interest @ 10% per annum w.e.f.

27.07.2016 and also to provide job in favour of the petitioner No.1-wife

of the deceased employee on compassionate ground or financial

assistance under the die-in-harness scheme as notified on 26.12.2015.

3.

Petitioners have prayed for the following reliefs:

"(i)

Issue Rule calling upon the Respondents to show

cause as to why writ in the nature of mandamus and/or

any other Order shall not be issued whereby directing the

Respondents Nos.1 to 6 to release regular monthly

family pension and other post-death benefits such as

group insurance, leave encashment, gratuity, final

withdrawal of GPF, etc., in favour of the Petitioners

with interest @ 10% per annum w.e.f. 27.07.2016 (one

month after date of death of deceased government

employee) till the date of actual payment.

(ii) Issue Rule calling upon the Respondents to show

cause as to why writ in the nature of mandamus and/or

any other Order shall not be issued whereby directing the

Respondents Nos.1 to 6 to provide job on compassionate

ground in favour of the Petitoiner No.1 or in lieu thereof

financial assistance under die-in-harness Scheme,

notified on 26.12.2015, in view of the death of Hemanta

Kumar Goala, Warder, on 27.06.2016, attached with the

O/o the Longtharai Valley Sub-Jail, Dhalai, Tripura.

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(iii) Issue Rule calling upon the Respondents to show

cause as to why writ in the nature of mandamus and/or

any other Order shall not be issued whereby directing the

Respondents Nos.1 to 6 to pay arrear pension and other

post-death benefits such as group insurance, leave

encashment, gratuity, final withdrawal of GPF, etc., in

favour of the Petitioners with interest @ 10% per

annum w.e.f. 27.07.2016 (one month after date of death

of deceased government employee) till the date of actual

payment.

(iv) Make the rule absolute.

(v)

Call for records.

(vi) Pass any further order/orders as this Hon'ble High

Court considered fit and proper.”

4.

The facts of the case, in short, are that the petitioners are

the legally married wife and son respectively of deceased employee

Hemanta Kumar Goala, who died in harness on 27.06.2016 while

serving as Warder under the respondent No.4 at Longtharai Valley Sub

Jail leaving behind his wife Prativa Nath Goala, his son Raj Goala and

his mother Smt. Chanmoni Goala. After the death of deceased

employee, the petitioners are entitled to family pension and other post

retiral benefits. They were totally dependent upon the income of the

deceased and as such, they were running pillar to post for getting such

benefits, but the respondents did not pay any heed thereto. Ultimately,

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the petitioner-wi