Kanchan Barman v. Ropna Kharia

11.02.2022 Court No.13 Item No.8 sp CPAN 169 of 2020 In WPA 23229 of 2019 Kanchan Barman Vs.

Ropna Kharia (Through Video Conference) Mr. Ramdulal Manna, Mr. Sabyasachi Mondal, Mr. Sayan Mukherjee ... for the petitioner.

Mr. Anuran Samanta ...for the alleged contemnor Counsel for the Union Mr. Anuran Samanta, has indicated to Court that although the petitioner had died in February, 2018, the pension for some months thereafter was paid in the account of the deceased. The said amount has been subsequently recovered and taken back by the Government. Widow Pension to the petitioner, in compliance with the order of a Co-ordinate bench has been released from the date of application. The argument of Mr. Manna, learned counsel for the petitioner that pension ought to be released from the date of death of her husband and not from the date of application, is a separate cause of action which is reserved for being agitated separately.

This Court records the submission of Mr.

Samanta, learned counsel for the Union that in terms of the Revised Guidelines of the Union dated August 6, 2014, a dependent pension applied for, beyond six months of the death, is payable from the date of such

application and not from the date of death. The question is left for being decided in any separate proceeding if initiated by the petitioner.

With the aforesaid observations, the contempt application shall stand disposed of.

The personal presence of the alleged contemnor is dispensed. Rule, if any, shall stand discharged. There shall be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)