Rinku Sarkar v. Union Of India &ORS

09.06.2023 IN THE HIGH COURT AT CALCUTTA DL-37 CONSTITUTIONAL WRIT JURISDICTION (PP) APPELLATE SIDE WPA 12271 of 2018 with CAN 2 of 2023 Rinku Sarkar Vs.

Union of India & Ors.

Mr. Rajdeep Roy, Mr. Goutam Dinda, Mr. Krishna Deo Das ....for the petitioner/applicant.

Mr. Rajesh Kumar Shah ....for Union of India.

Written instruction handed over in Court today on behalf of Union of India is retained with the records.

By an order dated March 31, 2023, this Court directed the learned advocate appearing on behalf of Union of India to take necessary instructions why the entirety of the family pension would not be released in favour of the petitioner in terms of Rule 54 of CCS (Pension) Rules, 1972.

From the written instructions, it appears that there is no impediment in releasing the family pension in favour of the petitioner in terms of Rule 54 of the 1972 Rules.

In such view of the matter, let the family pension be released in full in favour of the petitioner.

Let the arrears of the family pension be released from the date of death of the petitioner's husband till June 30, 2023 within a period of 3 months from the date of the order.

The petitioner will be entitled to month by month family pension payable within the 10th of every month commencing on July 10, 2023.

With the directions aforesaid, WPA 12271 of 2018 along with CAN 2 of 2023 is disposed of. All parties shall act on the server copies of this order duly downloaded from the official website of this Hon'ble Court.

Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance of all necessary formalities.

(Lapita Banerji, J.)