Mrs Manika Chandi And ORS v. State Of West Bengal And ORS.

17.

24.8.2022 S.D.

W.P.A. 15021 of 2022 Mrs. Manika Chandi & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Bhabesh Biswas Mr. B.P. Das Ms. Mitali Das ...For the petitioners.

Mr. Amitava Chaudhuri Mr. N. Roy ...For the Respondent No. 2.

Mr. Sourav Mondal ...For the Respondent No. 4.

Mr. Subhotosh Dhar Mr. Nayeemuddin Munshi ..For the Respondent Nos. 5 to 7.

Mr. Raghunath Chakraborty Ms. Amrita De ...For the University.

Mr. Rabindra Narayan Dutta Mr. Hare Krishna Halder ...For the State.

The dispute in this present case revolves around the release of the arrear family pension credited in the account of one Gouri Rani Bera since deceased. Gouri Rani Bera died on January 17, 2022. She was receiving family pension being the wife of Pulin Behari Bera who served as a lecturer in a Government aided college. The petitioners claim themselves to be the legal heirs of said Gouri Rani Bera and pray for

release of the said arrear amount lying at Indian Bank, Jodhpur Park Branch.

The bank has filed an affidavit which suggests that there was no nominee in terms of Pension Nomination Rules, 1983, to receive the said arrear family pension, in the records of the bank. Therefore, the bank was not in a position to release the arrear family pension of said Gouri Rani Bera in absence of any Succession Certificate.

The bank will intimate the petitioners the amount of arrear family pension lying in the account of Gouri Rani Bera since deceased within seven days from date. The petitioners will be at liberty to approach the bank with the Succession Certificate. If such Succession Certificate is produced before the bank, the bank will be at liberty to release the said amount in favour of the legal heirs of Gouri Rani Bera since deceased within a period of one week from the date of production of such certificate.

Accordingly, W.P.A. 15021 of 2022 is disposed of. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities.

(Kausik Chanda, J.)