Mon Kumari Magar v. State of Meghalaya Represented by its Chief Secretary
2015-02-19
T.NANDAKUMAR SINGH
body2015
DigiLaw.ai
ORDER 1. Heard Mr. K.C. Gautam, learned counsel appearing for the petitioner and also Mr. K.P. Bhattacharjee, learned GA appearing for the respondents. 2. The only prayer sought for in the present writ petition is for a direction to the respondents to release the family pension of the petitioner’s husband to the petitioner as early as possible. 3. Mr. K.P. Bhattacharjee, learned counsel for the respondents submits at the Bar that for some errors regarding the death certificate of the deceased employee i.e. (Late) Gir Bahadur Magar and also the nominee of (Late) Gir Bahadur Magar, there is delay in preparing the pension paper. It is fairly settled law that pension is earned by the employee after rendering qualifying service under the Rules and also pension is not the bounty of the employer to the employee for using it during the evening of life. 4. Mr. K.P. Bhattacharjee, learned GA appearing for the respondents submits at the Bar that from the records, it is clear that the petitioner is the nominee of (Late) Gir Bahadur Magar for family pension. The petitioner being the nominee and the legally married wife of (Late) Gir Bahadur Magar is entitled to enjoy the family pension and also all other benefits of (Late) Gir Bahadur Magar on retirement. 5. In the above factual backdrop, this writ petition is disposed of by directing the respondents No. 2 & 3 to complete the preparation of the pension paper and release the family pension to the petitioner within a period of 3 (three) months from the date of receipt of a certified copy of this judgment and order. 6. Writ petition is allowed.