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Bombay High CourtWP/1190/2019disposed off

Leena Somnath Vig v. Divisional Railway Manager Western Railway Bombay Central Terminus And ANR

2022-09-29Hon'Ble Shri Justice S.V. Gangapurwala,Hon'Ble Shri Justice R. N. Laddha2 pages

42.1190.19-wp.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by BASAVRAJ GURAPPA PATIL Date:

2022.10.03 10:48:32 +0530 ORDINARY ORIGINAL CIVIL JURISDICTION BASAVRAJ GURAPPA PATIL WRIT PETITION NO. 1190 OF 2019 Leena Somnath Vig ..... Petitioner Vs.

Divisional Railway Manager Western Railway Bombay Central Terminus & Anr.

..... Respondents Mr. Kishor Patil I/b. Rajiv Matkar for the Petitioner Ms. Smita V. Thakur I/b. Suresh Kumar for Respondent Nos. 1 and 2

CORAM:

S.V.GANGAPURWALA & R.N. LADDHA, JJ.

DATED :

SEPTEMBER 29, 2022 P.C.

The Petitioner seeks family pension. The father of the Petitioner was in service with Respondent No.1. He died. After his death, mother was paid family pension. The mother also died. We have heard the learned Counsel for the Petitioner and the learned Advocate for Respondent No.1.

The learned Advocate for Respondent No.1 submits that the Petitioner did not disclose that the Petitioner has twin sister. The Petitioner suppressed this fact. According to the learned Advocate for Respondent No.1, the Petitioner may bring NOC of the twin sister. Basavraj 1/2

42.1190.19-wp.docx The learned Counsel for the Petitioner submits that the whereabouts of the twin sister are not known for more than 10 years to the Petitioner.

According to the learned Advocate, the Petitioner has three sisters. One is married. One is unmarried, who has given NOC in favour of the Petitioner and another twin sister has not given NOC. In that view of the matter, the dispute would be between the Petitioner and her twin sister. The Petitioner also does not possess any declaration that the whereabouts of the twin sister are not known for seven years and more.

In that light of the matter and considering the factual matrix, the Respondents may pay half of the family pension to the Petitioner, of course, on Petitioner executing all necessary documents.

In case the Petitioner subsequently brings the declaration about his twin sister from the competent court, then the Respondents may consider the same.

The Writ Petition is disposed of. No costs.

(R.N. LADDHA,J.) (S.V. GANGAPURWALA, J.) Basavraj 2/2