Cheles Lamare v. Commissioner & Secretary of Agriculture, Government
2015-02-25
T.NANDAKUMAR SINGH
body2015
DigiLaw.ai
ORDER (ORAL) Heard Mr. S.Dey, learned counsel appearing for the petitioner and also Mr. K.P.Bhattacharjee, learned Govt. Advocate appearing for the respondents. 2. The prayer sought for in the present writ petition is for a direction to the respondents to release the debts and securities as well as the family pension of (Late) Sniawlem Siangshai to the petitioner. The petitioner is the wife of the deceased (Late) Sniawlem Siangshai, who was an employee as Power Tiller Operator of Agriculture Department, Government of Meghalaya. In para 2 of the writ petition, it is stated that marriage of the petitioner and her husband i.e. (Late) Sniawlem Siangshai, was solemnized as per the Christian rituals in the Catholic Church viz., Immaculate Conception Church, Mawkyndeng, Raliang, West Jaiñtia Hills District, Meghalaya on 24.12.1993. It is also stated in para 6 of the present writ petition that the petitioner’s late husband being the government servant employed in the office of the Assistant Agricultural Engineer (Mech.), West Jaiñtia Hills District, Jowai submitted the full particulars of his family members to the concerned authority in the prescribed form for family pension. 3. It is further stated that respondent No. 4 i.e. Head of the Office/Audit Office, Director of Agriculture, Government of Meghalaya also had acknowledged the receipt of the duly filled up nomination form submitted by the petitioner’s late husband and also informed the petitioner’s late husband that the nomination papers duly filled up had been placed in the record for processing the pension papers in due time. 4. After the death of her husband, the petitioner had submitted necessary papers for preparation of the family pension of the petitioner’s late husband. It is alleged in the writ petition that there was a delay in the preparation of the pension papers for family pension as well as the debts and securities of the petitioner’s late husband. Hence this writ petition for a direction to the respondents to complete the preparation of the pension papers and also for releasing the debts and securities of the petitioner’s late husband to the petitioner. 5. The respondents had filed the affidavit-in-opposition. In the affidavit-in-opposition, the respondents are not denying the contents of para 10 of the writ petition wherein, the petitioner had categorically stated that the petitioner married (Late) Sniawlem Siangshai by performing the Christian rituals and also the petitioner is the legally married wife of (Late) Sniawlem Siangshai.
5. The respondents had filed the affidavit-in-opposition. In the affidavit-in-opposition, the respondents are not denying the contents of para 10 of the writ petition wherein, the petitioner had categorically stated that the petitioner married (Late) Sniawlem Siangshai by performing the Christian rituals and also the petitioner is the legally married wife of (Late) Sniawlem Siangshai. In para 19 of the affidavit-in-opposition, the respondents had categorically stated that the respondent No. 2 is in the process of speeding up the progress regarding the payment of all dues towards the family of the deceased employee and on completion of all the procedures, payment due will be taken up immediately. 6. On perusal of the affidavit-in-opposition filed by the respondents, it is clear that the process for preparation of the pension papers as well as the other papers for payment of the family pension as well as the debts and securities of (Late) Sniawlem Siangshai are under processed. 7. In a catena of cases, the Apex Court held that there should be no delay in preparation of the pension papers and also pension is not the bounty of the employer to the employee. 8. In the above factual backdrop, this writ petition is disposed of by directing the respondents No. 2, 3 & 4 to complete the preparation of the pension papers for family pension of the petitioner’s late husband for releasing the same to the petitioner within a period of 3 (three) months from the date of receipt of a certified copy of the judgment and order. 9. It is also made clear that respondents No. 2, 3 & 4 shall also release the debts and securities of (Late) Sniawlem Siangshai to the petitioner. 10. Writ petition is allowed accordingly.