Mr. S. Bhattacharjee vs Mr. D. Bhattacharjee
2024 Latest Caselaw 1522 Tri

Tripura High Court

Mr. S. Bhattacharjee vs Mr. D. Bhattacharjee on 9 September, 2024

Author: T. Amarnath Goud

Bench: T. Amarnath Goud

                             HIGH COURT OF TRIPURA
                                   AGARTALA
                                   WP(C) 785 of 2023

For Petitioner (s)                  :      Mr. S. Bhattacharjee, Advocate.
For Respondent(s)                   :      Mr. D. Bhattacharjee, Sr. Advocate.

Mr. S. Saha, Advocate.

HON'BLE MR. JUSTICE T. AMARNATH GOUD Order

09.09.2024

Heard Mr. S. Bhattacharjee, learned counsel appearing for the petitioner.

It is the case of the petitioner that he is serving as Assistant Professor,

Department of Electronics and Communication Engineering, Tripura University. The

petitioner has made a prayer before the respondents to incorporate his father's name in the

Dependent Family Members. But the respondents have rejected the prayer of the

petitioner. In the instant case, the mother is the pensioner. According to the respondents,

as stated by them in the counter affidavit, a husband is eligible for getting family pension

in case of death of his wife. Thus, the father of the petitioner is not entitled to get the

pensionary benefits of his mother. This court finds this finding of the respondents as

derogatory and without application of mind. Moreover, the same is not also supported by

any law or judgment. Learned counsel for the petitioner has also relied upon a judgment

of the Delhi High Court in Kumar Ram Krishna vs. College of Vocational Studies and

Ors. in WP(C) 5824/2008 delivered in 28.08.2017. He further prayed to allow the writ

petition.

Mr. D. Bhattacharjee, learned senior counsel appearing for the respondents

has prayed for an accommodation to make his submission before this court.

Request stands considered.

List the matter on 11.09.2024.

JUDGE

Dipak