Authority: Justice Reetobroto Kumar Mitra, High Court
Order Date: 11 August 2026
Case Overview
- Petitioner: Ab Smt. Tinku Chakraborty, second wife of the deceased former Principal Scientist (Genetic Division) of Indian Agricultural Research Institute.
- Respondents: Union of India and the Indian Agricultural Research Institute.
- The petitioner’s application for family pension was rejected because the institute’s records did not list her as the legal wife.
- She contended that her husband’s first marriage was annulled by a court decree, making her the lawful spouse at the time of his death (August 2024).
- Counsel for the Institute argued that the matter could be resolved administratively without invoking the Administrative Tribunals Act, 1985, provided the petitioner furnishes documentary proof of her marriage.
Final Outcome
- The petitioner is directed to submit all requisite documents establishing her status as the legally married wife to the Director of the Institute within two weeks of this order.
- The Director shall examine the documents and dispose of the pension claim within eight weeks of receipt.
- The jurisdictional question under the Administrative Tribunals Act is deemed settled by the parties’ consent and will not be adjudicated.
- No order as to costs; the writ petition is disposed of.
- An urgent certified copy of the order may be issued to the parties on priority.
Topics: Pension, Family Law