Afsana Khatoon v. Union Of India & ORS

December 05, 2022 ARDR (1) WPA 6547 of 2018 + CAN 1 of 2022 Re : CAN 1 of 2022 The Regional Provident Fund Authority & anr.

...applicants.

Adv. Mitali Bhattacharyya, ...for the applicants/P.F. authorities.

Adv. Bhagbat Chowdhury, Adv. Subrata Mukherjee, ...for the writ petitioner.

Learned counsel for the Provident Fund authority seeks clarification of the order passed on 17th May, 2022 in terms of the reference dated 6th November, 2019. In terms of the said reference, the petitioner (Afsana Khatoon) shall be entitled to hundred per cent family pension and the daughter of the 5th respondent shall be entitled to an additional twenty-five per cent of the family pension payable to the petitioner.

In view of the above, the order passed on 17th May, 2022 is clarified/modified to the extent the 2nd respondent is directed to disburse the entire family pension in favour of the petitioner (Afsana Khatoon) and an additional twentyfive per cent of the family pension due to the petitioner, to the daughter of the 5th respondent. The current pension shall be disbursed in favour of the petitioner upon the petitioner complying with all legal formalities, month by month, starting from December, 2022 by depositing the

same in the bank account No.7559000100040867 at Serampore Brance of Punjab National Bank. The arrear pension due to the petitioner from the date of death of the employee shall be deposited by the authority in the said account within four weeks from the date of communication of the order.

The remaining portion of the order shall remain unaltered.

With the aforesaid directions, CAN 1 of 2022 is disposed of.

There shall however, be no order as to costs. Urgent certified website copy of this order, if applied for, be furnished to the parties upon compliance of necessary formalities.

(Suvra Ghosh, J.)