High CourtsSingle Bench(2023) 01 TP CK 0014

Kajali Datta vs Union Of India And 4 Ors

Tripura High Court · Decided on 9 January 2023

HON’BLE JUDGES
Arindam Lodh, J
RESULT
Allowed
CASE NUMBER
Writ Petition (C) 713 Of 2022

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Judgment

6 paragraphs · 227 words

Arindam Lodh, J

Heard Mr. Samar Das, learned counsel appearing for the petitioner. Also heard Mr. P. Datta, learned counsel appearing for the respondents no. 3 and 5 and Mr. B. Majumder, learned Deputy SGI appearing for the respondents no. 1 and 2.

The problem which has cropped up compelling the present writ petitioner to file the instant writ petition is that the name of the petitioner is actually ‘Kajali Datta’, but, in the service book of her deceased husband, her name was inadvertently entered/written as ‘Smt. Kajal Rani Dutta’ as wife of the deceased. For that reason, the respondent-UCO Bank is not releasing the family pension in favour of the petitioner.

Till today, no other person had raised any claim that the deceased husband of the petitioner had any other wife named as Smt. Kajal Rani Dutta other than the petitioner. ‘Smt. Kajal Rani Dutta’ and ‘Smt. Kajali Datta’ is the same and identical person and in this regard an affidavit was sworn and filed before the respondent no. 4, UCO Bank.

In the above circumstances, I direct the respondent no.4, UCO Bank to release the family pension in favour of Smt. Kajali Datta alias Smt. Kajal Rani Dutta within 15 days from today including all the arrears accumulated till today.

With the aforesaid observations and direction, the instant writ petition stands allowed and thus disposed.