Chhabi Pradhan vs The West Bengal State Electricity
2023 Latest Caselaw 4598 Cal

   05
01.08.2023
  mb



              IN THE HIGH COURT AT CALCUTTA
             CONSTITUTIONAL WRIT JURISDICTION
                      APPELLATE SIDE

                  W.P.A. No. 17611 of 2023

                        Chhabi Pradhan
                              Vs.
               The West Bengal State Electricity
              Distribution Company Limited & Ors.


                 Mr. Sarojit Dasgupta,
                 Mr. Bikramjit Mandal
                              ...for the petitioner

                 Mr. Saujit Sankar Koley
                             ...for the WBSEDCL



                 Affidavit-of-service filed in Court today be kept

              on record.

                 Learned counsel for the petitioner submits that

              she is a septuagenarian and her husband, who

              would be also about 74 years of age, went missing

              on and from January 03, 2022. It is submitted that

              the petitioner's husband has been suffering from

              Alzheimer's disease and other age-related problems,

              for which the husband of the petitioner was not in a

              fully perfect mental condition at the relevant

              juncture.

                 The petitioner and her family, accordingly,

              lodged a General Dairy Entry before the police

              authorities on the very next date, that is, on

              January 04, 2022, whereafter the daughter of the
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petitioner also filed a writ petition in this Court,

seeking a writ of habeas corpus with regard to the

missing husband of the petitioner.

   Several orders were passed therein, including a

direction on the police authorities to hold an

investigation. However, ultimately, the writ petition

with the claim of habeas corpus was disposed in

the month of June, 2022, taking note of the fact

that, despite best efforts, the police authorities

could not trace out the whereabouts of the missing

husband of the petitioner.

   It is submitted that the husband of the

petitioner had last drawn pension prior to January,

2022. However, the pension had been continued to

be deposited in the account up to December, 2022.

   Thereafter, when a certificate was required to be

produced as per regulations, the same could not be

placed before the respondent-authorities, in view of

the petitioner's husband having gone missing since

January, 2022.

The petitioner, accordingly, claims family

pension on account of her husband, to be deposited

in the name of the petitioner.

Upon query, it is revealed that the petitioner's

daughter is married and there is no other

dependent of the missing husband of the petitioner,

who was the original drawer of the pension

account, apart from the petitioner.

Learned counsel for the petitioner places

reliance on a coordinate bench judgment, which is

an unreported one, passed in W.P. No. 8186(W) of

2008, wherein learned Single Judge placed reliance

on a Memorandum dated May 14, 1990 to observe

that if an application was made to the head of the

office of the employee in terms of the said

Memorandum, such family pension could be

granted to the said family members.

Learned counsel appearing for the respondent-

authorities hands over a copy of the Memorandum

dated May 14, 1990 and subsequent Memorandum

dated July 17, 1992, the latter containing the

format of an Indemnity Bond, which is required to

be furnished under both the Memoranda, along

with proof that the family lodged a report with the

concerned police station.

A perusal of the Memorandum dated May 14,

1990 indicates that the same stipulates that family

pension, etc. may be granted in case where an

employee/pensioner disappears leaving his family,

subject to the fulfilment of two conditions:

(i) the family must lodge a report with the

concerned Police Station and obtain a

report that the employee/pensioner has

not been traced after all efforts had been

made by the police;

(ii) An Indemnity Bond should be taken from

beneficiaries concerned to the effect that

all payments received from Government

shall be refunded to Government in the

event the missing employee/pensioner

reappears and claims his dues.

It is further provided that the above benefit may

be sanctioned by the Administrative Department

concerned.

In the present case, the petitioner, as expressed

through counsel appearing for her, is agreeable to

furnish such indemnity bond and documentary

proof of a report having been lodged with the

concerned police station and subsequent

developments in that regard.

That apart, it is evident from the materials

annexed to the writ petition and the pleadings

made therein that sufficient efforts were made by

the family of the missing person/employee to trace

out the said person.

Hence, the respondents are required to disburse

the family pension of the petitioner's missing

husband in favour of the petitioner, who is the sole

dependent of the missing person, subject to

furnishing of the necessary documents by the

petitioner as contemplated in the Memorandum

dated May 14, 1990.

Accordingly, W.P.A. No. 17611 of 2023 is

disposed of by directing the petitioner to file an

appropriate application to the head of the

concerned Department of the institution where her

husband had been employed, furnishing therewith

an indemnity bond as per format, which is annexed

to the Memorandum dated July 17, 1992, which

was published in pursuance of Memorandum No.

4671-F dated May 14, 1990 issued by the

Government of West Bengal, Finance Department,

Audit Branch.

Learned counsel for the respondent-authorities

has supplied copies of the Memoranda dated May

14, 1990 and July 17, 1992, along with the format

of the Indemnity Bond annexed to the latter, to his

counterpart appearing for the petitioner, during the

course of the hearing.

Upon such application being filed by the

petitioner, along with relevant documents,

including the documentary proof that the family

lodged a report with the concerned police station

and the outcome of the same, including the

relevant orders and other documents pursuant to

the habeas corpus petition filed by the missing

person's daughter, the same will be processed at

the earliest by the respondent-authorities and the

family pension shall be disbursed in favour of the

petitioner, subject to filing of such documents by

the petitioner.

Such entire exercise, including the

commencement of disbursal of the family pension

in favour of the petitioner, shall be completed latest

within one month from the filing of the application

by the petitioner.

It is made clear that the above order shall be

subject to the eventuality that if the missing

husband of the petitioner returns, the parties shall

act in terms of the indemnity bond furnished by the

petitioner.

There will be no order as to costs.

Urgent photostat certified copies of this order, if

applied for, be made available to the parties upon

compliance of all necessary formalities.

(Sabyasachi Bhattacharyya, J.)