Sumwara Begum vs The State Of West Bengal & Ors
2022 Latest Caselaw 2214 Cal

    31
20.04.2022
 Ct. No.23
     pg.
                         IN THE HIGH COURT AT CALCUTTA
                        CONSTITUTIONAL WRIT JURISDICTION
                                 APPELLATE SIDE

                                    WPA 6317 of 2022

                                   Sumwara Begum
                                          Vs.
                            The State of West Bengal & Ors.


                       Mr. Chinmoy Pal
                       Mr. Sourav Mondal
                       Mr. Archan Dutta
                                  ... For the petitioner

                       Mr. Tapan Kumar Mukherjee
                       Ms. Saheli Mukherjee
                                   ... For the State


                       Affidavit of service filed in Court today is taken on

             record.


                       The petitioner claims to be the second wife of Mir

             Nurul Huda who retired from the services of the District

             Judgeship, South 24-Parganas, on 29th February, 2004.

             The petitioner says that the marriage between Mir Nurul

             Huda and the petitioner took place on 25th January, 1990

             during the lifetime of the petitioner's husband's first wife,

             namely,     Kohinoor     Begum,   as    per   Muslim    law.   The

             petitioner says that Kohinoor Begum, the first wife of the

             petitioner's husband, died on 6th February, 2006 and the

             petitioner's husband died on 14th June, 2019. As the

             second wife, the petitioner is seeking family pension from

             the employer. The petitioner refers to a memo issued by the

             Indian     Audit   and   Accounts      Department,     Accountant

             General (A & E), West Bengal, on 7th January, 2020,
                      2




wherefrom it appears that 50 per cent share of LTA Pension

and LTA Gratuity will be given to the petitioner. The

petitioner complains that nothing has been paid to the

petitioner on account of family pension after 7th January,

2020.


        The law relating to the claim for family pension by

the second wife of a Muslim railway servant fell for

consideration   in   a   judgment   and   order   dated   28th

September, 2016 passed by a Division Bench of this Court

in WPCT No.135 of 2016 (Alia Bewa @ Bibi v. Union of

India & Ors.). It appears from the said judgment that under

the provisions of Rule 75(7)(1)(a) of the Railway Services

(Pension) Rules, 1993, the second wife of a Muslim railway

servant is entitled to family pension provided the legality of

the marriage is confirmed. Whether similar provisions

apply to the petitioner is required to be ascertained. It is

also necessary to ascertain whether legality of marriage is

confirmed.


        After hearing the parties and considering the

materials on record, I think the respondents no.4 and 5

should file a report stating the background of allowing

family pension to the petitioner and the present status

regarding disbursement of family pension to the petitioner

in terms of the memo dated 7th January, 2020 (appearing

at page 18 of the writ petition) as also the letter of the Sub-

Divisional Civil Judge (Junior Division), Diamond Harbour,

South 24-Parganas, dated 23rd February, 2021. However,

the said respondents remain unrepresented, though the

State, being the respondent no.1, is present.

In the aforesaid facts and circumstances, I direct

the petitioner to serve a fresh notice upon the non-

appearing respondents and file an affidavit of service in

respect thereof on the next date.

Let this matter appear on 11th May, 2022.

(Arindam Mukherjee, J.)