Jharkhand High Court
Manjur Alam @ Md. Manzoor Alam vs Rabbana Khatoon on 4 August, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
First Appeal No. 69 of 2018
Manjur Alam @ Md. Manzoor Alam ..... Appellant
Versus
1. Rabbana Khatoon
2. The G.M. Area No.(IV) BCCL at Sijua, P.O.-Sijua, Dist.- Dhanbad
3. The Commissioner (CMPF), Ramkanali Colliery, Area No. (IV) BCCL
..... Respondents
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CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh
Hon'ble Mr. Justice Deepak Roshan
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For the Appellant : Mr. A. Allam, Sr. Advocate
For the Resp. No.1 : Dr. Hasnain Waris, Advocate
For the Resp.-BCCL : Mr. Anoop Kr. Mehta, Advocate
For the Resp.-CMPF : Mr. Prashant Kr. Singh, Advocate
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23/ 04.08.2022 Heard learned senior counsel for the appellant Mr. A.
Allam, Dr. Hasnain Waris, learned counsel appearing for respondent
No.1 and Mr. Prashant Kumar Singh, learned counsel appearing for
respondent No.3 as also Mr. Anoop Kumar Mehta, learned counsel
appearing for Respondent No.2.
2. This appeal arises out of the judgment and decree dated
16th February, 2018, passed in Original Suit No. 797 of 2015 under
Sections 277 and 278 of the Mohamadan Law instituted by respondent
No.1 against the respondent No.1/appellant herein, whereby the learned
Additional Family Court, Dhanbad has directed the appellant to pay
Rs.15 lacs for maintenance of daughters of plaintiff, namely, Khushboo
Parween and Shabnam Parween, Rs.6 lacs for education of children of
plaintiff and Rs.5 lacs, total amounting to Rs.26 lacs or 50% of his
retiral benefits (which includes amount received under the head of
Provident Fund, Gratuity, Leave Encashment and other benefits)
whichever is less to the plaintiff as maintenance to meet her necessity.
3. Parties have arrived at an amicable settlement during
pendency of this appeal. Appellant has agreed to transfer Rs.26 lacs in
the account of the respondent No.1 and two daughters, namely,
Khushboo Parween and Shabnam Parween as per clause A and B of the
settlement. The said amount has already been transferred. Now the
appellant has also agreed to transfer 50% of his pension with effect
from 1st July, 2021. The 50% of the pension for the period from 1 st July,
2021 to 31st July, 2022 is Rs.73,000/-. The appellant is ready to transfer
the said amount within three weeks. For current and future payment of
50% of his pension, an arrangement is to be made, by which every
month 50% of the pension received by the appellant in his account from
the C.M.P.F. is to be disbursed in favour of the respondent No.1.
Respondent No.1 has already opened an account bearing
No.35113700132 in the State Bank of India, Katrasgarh Branch,
Dhanbad.
4. According to the appellant, the Quarter of B.C.C.L.
occupied by respondent No.1 and her children has been vacated in the
last two weeks as per the terms of the compromise.
As per the affidavit of respondent B.C.C.L., dated 1 st August,
2022, the said quarter has not been vacated.
5. So far as the disbursement of the retiral benefits is
concerned, gratuity and leave encashment is paid by B.C.C.L. while
provident fund and pension is disbursed by the office of Regional
Commissioner, C.M.P.F. Appellant has retired on 29 February, 2016
from B.C.C.L.
6. Learned counsel for the B.C.C.L. submits that the
appellant is required to vacate the company quarter and submit no dues
certificate. The gratuity amount has earlier been deposited before the
controlling authority under the Payment of Gratuity Act, 1973.
7. Learned counsel for the C.M.P.F. submits that as per
entitlement, pension of Rs.12,235/- per month has been settled and is
being paid to the appellant. He submits that a suitable arrangement may
be made in terms of the compromise so that the 50% of the amount of
pension per month is debited from the account of the Appellant and
credited into the account of the respondent No.1.
8. Learned counsel for respondent No.1 submits that the
quarter has already been vacated by her. He undertakes to submit proof
of the vacation of the quarter before the competent authority or
B.C.C.L. so that the 'no dues' certificate is issued after adjustment of
charges or dues.
9. We have taken note of the developments arrived between
the appellant and the respondent No.1 during pendency of this appeal.
We have also taken note of the stand of the C.M.P.F. and B.C.C.L. The
amount of Rs.26 lacs already stands transferred in the account of the
respondent No.1 by the appellant. The only arrangement that is required
to be made in furtherance of the terms of settlement is regarding the
disbursement of 50% of the pension in favour of the respondent No.1
from the account of the appellant. As per appellant, Rs.73,000/- is the
50% amount of his pension for the period 1 st July, 2021 till 31st July,
2022, which he undertakes to transfer within three weeks. For
disbursement of current and future 50% of the amount of pension in
favour of the respondent No.1, we deem it proper to make the following
arrangement:
Since the appellant and respondent No.1, both have their
individual accounts in the S.B.I., Katrasgarh Branch, Dhanbad, the
Branch Manager, S.B.I. is directed to debit 50% of the pension credited
to the account of the appellant every month from C.M.P.F. latest by 20 th
of the month in which such pension is credited. The said amount would
be credited to the account of the respondent No.1-Rabbana Khatoon,
bearing No.35113700132 every month by 20th of each such month. The
appellant also undertakes to issue necessary instruction to the Branch
Manager, S.B.I., Katrasgarh Branch, Dhanbad to effectuate such
arrangement.
10. Since the parties have resolved their disputes in such
amicable fashion which we appreciate, there is no purpose in keeping
the appeal pending for adjudication on merits. The appeal is
accordingly disposed of. Decree be drawn in terms of the settlements
contained in I.A. No. 5709 of 2022 as also the arrangements made by
this order.
(Aparesh Kumar Singh, J.)
(Deepak Roshan, J.)
sm/pramanik
