Smt. Bandana Datta Kar Purkayestha v. Punjab National Bank and Another

Order

07.02.2025

Heard learned counsel for the parties. [2]

This is a petition under Article 226 of the Constitution of India for seeking the following relief(s): 1) Admit this petition; 2) Issue notice upon the Respondents; 3) Issue writ of mandamus asking the Respondents to show cause as to why they shall not provide the following financial reliefs to the petitioner by crediting to her SB Account No. 1017010104856 with Punjab National Bank, Kaman Chowmuhani, Agartala Branch: i. Arrears of family pension, domestic help allowance and medical allowance at revised rate as per averment made in paragraph 6 above; ii. Pay regular family pension with dearness relief, domestic help allowance and medical allowance at revised rate; iii. Pay interest @ 9% per annum on the arrears of family pension, DR, DHA and MA from the date of accrual till the date of payment; AND iv. Issue any other relief/reliefs as the Hon,ble High Court deems fit and proper; v. After hearing the parties Hon'ble High Court be pleased to make the rules absolute in terms of items (i) to (iii) of clause (3) above.

[3]

This is the case of the petitioner that under memorandum No. F.1(1)- SECY-LAW/MISC./ 2019(Part-1)/222-253 dated 09.08.2023 and addendum No. F.1(1)- SECY-LAW/MISC./2019 (Part-1) /254-285 dated 14.08.2023 and Notification No. F.1(1)-SECY-LAW/MISC./2019(Part-II)/4796-863 dated 04.02.2024 of the Law

Department, Government of Tripura issued in compliance with the order dated

19.05.2023 and 04.01.2024 passed in WP(C) 643 of 2015 by the Hon'ble Supreme Court of India the petitioner is entitled to revision of her family pension and DHA and M A commencing from 01.012016; The petitioner sent a representation on 11.09.2023 to the respondent 2, requesting him to revise her family pension for the period from

01.01.20216 to 30.06.2023 and to make payment of regular pension at revised rate along with arrears of pension; The Secretary of the Tripura Retired Judges' Association on

11.09.2023 sent letters to all the Banks including the respondent 2 for revision of pension and family pension and allowances enclosing the relevant notifications. Till date the petitioner has not been provided with any benefits of the revision of family pension and other allowance. Hence this writ petition: [4]

Without expressing any opinion on the merit of the case, the court disposes of the writ petition directing the respondent No.2 to consider the case of the petitioner in accordance with law on or before 30.04.2025 and communicate the said decision to the petitioner. The petitioner is also at liberty to approach the respondents within a week from today i.e. on or before 14.02.2025 and furnish a copy of this order along with the representation dated 11.09.2023 and the statement of account which the petitioner is relying upon. [5]

In view of the above, the instant writ petition stands disposed of. As a sequel, stay, if any, stands vacated. Pending application(s), if any, also stands closed.

JUDGE

Dipak DIPAK DAS Date: 2025.02.11 16:38:09 +05'30'

]HIGH COURT OF TRIPURA AGARTALA WP(C) 60 of 2025 Smt. Bandana Datta Kar Purkayastha ---Petitioner(s) Versus Punjab National Bank and Another ---Respondent(s) For Petitioner(s) : Mr. D.K. Chowdhury, Advocate. For Respondent(s) : None. HON'BLE MR. JUSTICE T. AMARNATH GOUD