Smt. Manju Rani Roy (Debnath) vs The State Of Tripura And Others
2024 Latest Caselaw 1236 Tri

Tripura High Court

Smt. Manju Rani Roy (Debnath) vs The State Of Tripura And Others on 23 July, 2024

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                        HIGH COURT OF TRIPURA
                              AGARTALA

                               WA No.120 of 2023

Smt. Manju Rani Roy (Debnath)
                                                       ....... Appellant(s)
                            VERSUS
The State of Tripura and others
                                                        ...... Respondent(s)

For Appellant(s) :        Mr. Samar Das, Advocate.
For Respondent(s) :       Mr. B. Majumder, Deputy SGI,
                          Mr. D. Sarma, Addl. G.A.,
                          Mr. Rupak Nama, Advocate.

HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH HON'BLE MR. JUSTICE S. D. PURKAYASTHA

_O_R_D_E_R_ 23/07/2024

Mr. B. Majumder, learned deputy SGI for the respondent No.3-the

Accountant General, submits on instructions that vide letter dated 03.10.2023, the

Pension Payment Order has been issued in favour of private respondent No.6-

Smt. Aparna Debnath.

Mr. Samar Das, learned counsel for the appellant submits that earlier

the office of Accountant General had vide letter dated 27.04.2023 (page Nos.50

and 51 of the memo of appeal) observed that their office is not in a position to

determine who is the 1st wife and who is the 2nd wife of respondent No.5-Sri

Usha Ranjan Debnath, retired store keeper who is now deceased.

It is submitted that the learned Family Court dismissed T.S.

(Divorce) No.327/2020 instituted by respondent No.5 for a decree of divorce

against the present appellant-Smt. Manju Rani Roy (Debnath) vide judgment

dated 27.09.2023 which has been brought on record by way of an additional

affidavit. If the husband-respondent No.5 was himself seeking a divorce against

the appellant- Smt. Manju Rani Roy (Debnath), the status of the appellant as the

1st and legally wedded wife of the deceased employee-respondent No.5 is beyond

doubt. This aspect may not have been taken into account by the respondent Nos.2

and 3.

It appears that the writ petition was disposed of on the first date.

Therefore, in view of these developments brought on record by the appellant, let

a counter-affidavit be filed by the respondent Nos.2 and 3 respectively after due

consideration of the matter.

Mr. Samar Das, learned counsel for the appellant seeks and is

allowed to delete the respondent No.5 from the array of parties as according to

him the appellant is claiming to be the legally wedded wife and respondent No.6

is claiming to be the other legally wedded wife seeking pensionary benefits in

lieu of the deceased employee. No other legal heir is, therefore, required to be

substituted. Accordingly, permission is granted.

Deletion be carried out from the array of parties during course of the

day.

Matter be listed on 12.08.2024.

(S. D. PURKAYASTHA), J (APARESH KUMAR SINGH), CJ

Munna S MUNNA SAHA Digitally signed by MUNNA SAHA Date: 2024.07.24 17:14:28 +05'30'