Swapna Dutta vs The Union Of India & Ors
2021 Latest Caselaw 3734 Cal

13-07-2021
 ct no. 13
  Sl.47
    sp

                         WPA 10461 of 2021
                           Swapna Dutta
                             -Versus-
                     The Union of India & Ors.
                      (Via Video Conference)

             Mr. Bratin Kumar Dey,
             Ms. Anjana Banerjee
                                              ...for the petitioner

             Mr. Rajdeep Biswas
                             ...for the respondent nos. 1 to 4

Counsel for the petitioner has applied for

Central Samman Pension since after the death

of her mother. Prior thereto, the pension was

allowed to her father Amarendra Nath Basu who

died on September 29, 1992. The petitioner's

mother was receiving family pension.

Since after the death of the petitioner's

mother, Amiya Basu on March 4, 2008, the

petitioner has applied for continuation of the

said family pension to her.

Counsel for the Union of India relied upon

Clause 5.2.5 of the Revised Guidelines for

Disbursement of Central Samman Pension

Scheme being Memo No. 45/03/2014 - FF(P) to

argue that a widowed/divorced daughter is not

entitled to pension.

Counsel for the petitioner relies upon a

judgment of this Court dated April 7, 2021

passed in WPA 13806 of 2019 (Sonali Hatu Giri

vs. Union of India & Ors.) striking down as ultra

vires the said Revised Guidelines particularly

Clause 5.2.5 thereof.

Counsel for the Union submits that the

Central Government is in the process of filing an

appeal against the said order. Admittedly, there

is no appeal pending against the judgment till

date. The said order dated April 7, 2021 (supra)

is subsisting without interference.

In that view of the matter, the prayer

made by the petitioner is allowed.

The petitioner shall be granted Central

Samman Pension that was being originally paid

to the petitioner's father and passed on to her

mother, within a period of one month from the

date of communication of a copy of this order.

All arrears of pension from the date of

application shall also be made over to the

petitioner within a period of two months from

date. The petitioner's prayer for interest on

arrears of pension shall also be considered by

the Union and a suitable order may be passed to

that effect.

It is made clear, however, that the present

order shall be subject to any appeal or any order

passed in any appeal that the Union may prefer

against the judgment dated April 7, 2021 passed

in WPA 13806 of 2019 (Sonali Hatu Giri vs.

Union of India & Ors.).

With the aforesaid directions, the writ

petition is disposed of.

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.)