AI Structured Summary
Not yet generated for this judgment
Judgment
The Appellant has been approaching the Respondent No.1-Company for grant of Family Pension after the death of her husband, who was working as Head Clerk in the said Company, on 8th January, 2018. She based her claim on the basis of a Marriage Certificate dated 17th January, 2013 which shows that after the death of his first wife, the deceased husband married her on 17th July, 2007.
It appears that on 25th March 2019, she made an application for grant of a Family Pension which was rejected on 31st August, 2019 on four grounds, one of which was that a similar application for Family Pension had also been received from “Subhadra Parida declaring herself as the wife of Late Birendra Kumar Parida”. No details of when this application was received and what is exactly claimed in the said application by the said Subhadra Parida were indicated.
By the impugned order dated 19th August, 2021, the learned Single Judge has disposed of the writ petition on the very first date relegating the Appellant to a Civil Court without even any counter affidavit being called for from the Respondent No.1 company.
The learned Single Judge has observed that since a rivalry claim has been set up by another woman, the matter can only be resolved in the Civil Court.
Without the full facts coming on record, it would not be possible to ascertain whether the rivalry claim was in fact bona fide. It was necessary therefore for a counter affidavit to be called for from the Respondent No.1 Company.
For the aforementioned reasons, the impugned order is hereby set aside and W.P.(C) No.23386 of 2021 is restored to the file of the learned Single Judge in the roster Bench where it will be listed on 17th May, 2023.
Learned Single Judge will proceed further in the matter after issuing notice to the Respondents in the writ petition and ascertaining from the Respondent No.1-Company the name and address of the rival claimant so that she can be made a party to the writ petition.
The writ appeal is disposed of in the above terms.
…………………………..