Gita Goswami vs State Of Tripura And 2 Others

T. Amarnath Goud, J

[1] Heard learned counsel for the parties.

[2] This is a petition under Article 226 of the Constitution of India for seeking the following relief(s):

i. Admit the Instant Writ Petition.

ii. Issue Rule calling upon the Respondents to show cause as to why a writ of mandamus and / or direction in the nature thereof shall not be issued, mandating / directing the respondents to release the family pension w.e.f. 30.05.2022 till the date of disbursed, along with penal & compound rate of interest @ 12% per annum accrued on the principal amount of family pension

AND

iii. After hearing the parties, Your Honour graciously be pleased to make the rules absolute;

AND

iv. To pass any other relief / reliefs may be granted as this Hon'ble High Court may deem fit and proper.

[3] It is the case of the petitioner that though the petitioner's husband's good name was Lalit Mohan Goswami, but he was most familiar to the relatives, friends and neighbours of the locality as in the name of Lalit Goswami. Besides his Service Records, in all other important documents like marriage certificate, Pan card, Voter I.D Card, Aadhaar card, Bank Pass Book etc.etc. his name recorded as Lalit Goswami. As such, during his lifetime Lalit Goswami, by an affidavit dated 06.09.2013, under Notary Public Udaipur, Gomati, Tripura declared that his actual name was Lalit Mohan Goswami, all documents are lying in the said name but in some other important documents, his name recorded as Lalit Goswami in place of Lalit Mohan Goswami. Lalit Mohan Goswami @ Lalit Goswami is the name of same identical person.

[4] On 01.03.2006, Lalit Mohan Goswami got retirement on superannuation from the post of Sr. Helper under the department of P.W.D (R & B), Govt. of Tripura. He was authorised pension by issuing PPO book vide No. PEN2 / TRIP / S/SUP/6806 in the name of Lalit Mohan Goswami. On the strength of the said PPO, by opening a Joint S.B Account vide number 0462010157929 and Mode of operation :- Either or Survivor in erstwhile UBI Bank, Udaipur Branch, in the name of Lalit Goswami, joint holder Mrs. Gita Goswami and subsequently merged with the Punjab National Bank (PNB) w.e.f. 2021, the joint account has been continuing in the same account number and mode of operation remain unchanged and he had been drawing monthly pension and maintaining his family regularly.

[5] But surprisingly after death of Lalit Goswami @ Lalit Mohan Goswami, while his wife demands for releasing family pension in her favour, then the respondents raising the plea of that 'the name of the deceased recorded in the death certificate and the name recorded in the PPO book is not matching'. As such the petitioner was denied and deprived from getting her family pension till to date.

[6] Aggrieved by conduct of the respondents the petitioner has filed this writ petition.

[7] It is seen from the record that a representation dated 06.01.2025 was made to the respondents by the petitioner herein but it is also apparent from the record that no action has yet been taken on the said representation compelling the petitioner to approach before this court for seeking relief.

[8] In view of above submission, without expressing any opinion on the merits of the case, this present writ petition is disposed of directing the respondent no. 3 (The Branch Manager, Punjab National Bank, Udaipur Branch) to consider the case of the petitioner with a pragmatic view in the light of the representation dated 06.01.2025 in accordance with law within a period of one month from the date of receipt of copy of this order. The respondents are at liberty to obtain an indemnity bond from the petitioner in this regard.

[9] With the above observation and direction, this present writ petition stands disposed of. As a sequel, stay, if any, stands vacated. Pending application(s), if any, also stands closed.