TARU BORO W/O LT PRADIP MANDAL Vs. UNION OF INDIA AND 5 ORS
HIGH COURT OF GAUHATI
Taru Boro W/O Lt Pradip Mandal
Union Of India And 5 Ors
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(1.) Heard Mr. A. Paul, learned counsel for the petitioner as well as Ms. U. Das, learned counsel representing the respondent nos. 1 to 5 and Mr. G.P. Bhowmik, learned senior counsel for the respondent no. 6.
(2.) The dispute initially was with regard to payment of retirement benefits and family pension on account of the demise of one Pradip Mandal on 19.02.2014, who at the relevant time was working as Khalasi under the establishment of the N.F. Railways. The writ petitioner herein is the second wife with a girl child begotten through Pradip Mandal. The respondent no. 6 is the first wife and the mother of three children begotten through Pradip Mandal.
(3.) Consequent upon the death of Pradip Mandal, the respondent no. 6 Smti. Punam Devi Mandal made claim for family pension and other retirement dues, claiming to be the legally married wife as per the Family Declaration that have been submitted by Pradip Mandal during his service tenure and as per the Provident Fund Nomination Form. The said claim was answered by the Railway Authorities through letter dated 10.10.2014 informing her that they have received a Legal Notice dated 22.05.2014 from Smti Taru Boro (petitioner herein) claiming family pension and other retirement dues by identifying herself as the wife of the deceased Pradip Mandal. By the said letter dated 10.10.2014, the Railway Authorities took the stand that until and unless the dispute is settled between the two claimants, payment of retirement benefits etc. cannot be made to any party. This stand of the Railway Authorities was assailed by Smti. Punam Devi Mandal before the Central Administrative Tribunal, Guwahati Bench in O.A. 102 of 2015. By order dated 13.01.2016, the said O.A. was allowed holding that Smti. Punam Devi Mandal is entitled to family pension and other retirement dues of the deceased employee as per law. The said view was taken having regard to the Family Declaration that had been submitted by the deceased employee i.e. Pradip Mandal before the Railway Authorities in the year 2014. Accordingly, a direction was made to the Railway Authorities to release the family pension and other retirement benefits in favour of Smti. Punam Devi Mandal within a specified period together with interest of 12% on the arrear amount calculated from six months next after the death of Pradip Mandal. Aggrieved, the present writ petition is filed by Smti. Taru Boro (second wife).;
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