Subansi Tirkey vs Union Of India And Ors

Heard Mr. Ravi Kerketta, the learned counsel appearing for the petitioner, Mrs. Bakshi Vibha, the learned counsel for the respondent -UOI and

Mr. Ratnesh Kumar, the learned counsel appearing on behalf of the respondent-SBI.

This writ petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising

due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been

heard.

The petitioner has preferred this writ petition for a direction upon the respondents to forthwith release the family pension as per the direction of the

Department of Principal Controller of Defence Accounts (Pension) and is pension account section to State Bank of India as the same has been

stopped with effect from December, 2018.

The learned counsel for the petitioner submits that the petitioner is widow of late Timothius Tirkey who joined in Defence Service, Controller of

Defence Account and he was appointed on 21.02.1974 and posted and retired on 30.11.2011 from the post of Senior Auditor, Pay Account office,

O.R.S., Punjab Regiment Centre, Ramgarh Cantt., Ramghar, Jharkhand. The husband of the petitioner retired on 30.11.2011 and he was getting

pension since 01.12.2011 and the husband of the petitioner died on 15.07.2017. The family pension PPO was issued in favour of the petitioner and paid

family pension till November, 2018 @ Rs.30,668/- per month, however, with effect from December, 2018 the family pension of the petitioner was

stopped which compelled the petitioner to file this writ petition.

Mr. Ratnesh Kumar, the learned counsel for the respondent-Bank submits that the requisite documents for starting the family pension due to which

the family pension of the petitioner never commenced was not provided and that is why, the family pension has been stopped. He further submits that

the family pension was not started, however, due to non-availability of any document in the bank, the pension of the deceased employee was continued

till November, 2018 and when it came to the knowledge of the Bank that the deceased employee family has not completed the formalities for family

pension and that is why the pension has been stopped with effect from December, 2018. He further submits that the petitioner was required to submit

certain documents for family pension such as, photocopy of PPO in which the name of the petitioner is notified as family pensioner, Death Certificate

of late Timothius Tirkey, Life Certificate of the petitioner, letter of undertaking duly certified by two account holders of the branch, valid and proper

address proof of the petitioner. The said letter for providing these documents was served on 10.10.2019 at the address of the petitioner but she was

not found there. He submits that in that view of the matter the family pension has not started as yet.

In view of these facts, the petitioner is directed to approach the Branch Manager of State Bank of India, Tupudana Industrial Estate Branch,

Ranchi with all the documents which has been indicated in this order which are required for starting the family pension within four weeks.

The respondent no.6 is directed that if the petitioner approaches the respondent no.6 within the aforesaid period, the respondent no.6 will do all the

formalities and verify the credentials of the petitioner and if it is found that the family pension needs to be started, the same should be started within

four weeks thereafter.

With the aforesaid observation and direction, the writ petition [W.P.(S) No.3476 of 2019] stands disposed of.

I.A. if any also stands disposed of.