Jyotirmay Bhattacharya, J. - (1.) The instant mandamus appeal is directed against an order dated 9th September, 2015 passed by the learned Single Judge of this Court in W.P. 22104(W) of 2015 at the instance of the writ petitioner/appellant.
(2.) The husband of the writ petitioner was an employee of the State Bank of India. He died-in-harness. The writ petitioner being the widow of the said employee, since deceased, was given compassionate appointment under died-inharness category. She retired on superannuation with effect from 28th February, 2014. While settling the retrial dues of the writ petitioner, a sum of Rs. 10,00,000/- (Rupees ten lakh) only was deducted from the terminal benefits payable to the writ petitioner and the said amount was kept in a fixed deposit under lien towards recovery of the bank's dues from the writ petitioner. Such decision was taken by the bank authority while settling the retrial dues, as the son of the writ petitioner intimated the bank authority about the remarriage of the writ petitioner with one Nikhilesh Mondal on 9th August, 1991. This leads the bank to form a prima facie opinion that the writ petitioner was not entitled to draw family pension from the date of her remarriage till May 2011.
(3.) Since the writ petitioner denied her remarriage with Shri Mondal, the Assistant General Manager by his letter dated 29th January, 2014 advised the writ petitioner to resolve the dispute regarding her alleged remarriage with Shri Mondal on 9th August, 1991 on urgent basis so that the retirement of the writ petitioner from the bank's service becomes a smooth and pleasant affair.;