Tripura High Court
Smt. Sumita Das vs The Government Of India And Ors on 27 June, 2024
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
Page 1 of 2
HIGH COURT OF TRIPURA
AGARTALA
WP(C)315 OF 2024
Smt. Sumita Das.
......Petitioner(s)
Versus
The Government of India and ors.
.......Respondent(s)
For the Petitioner(s) : Mr. P. Roy Barman, Sr. Advocate.
Mr. M.L. Roy, Advocate.
Mr. K. Nath, Advocate.
For the Respondent(s) : Mr. B. Majumder, Deputy SGI.
Date of hearing and delivery of
Judgment & Order : 27.06.2024
Whether fit for reporting : NO.
HON'BLE MR. JUSTICE T. AMARNATH GOUD
J U D G M E N T & O R D E R(ORAL)
This present writ petition has been filed under Article 226 of the
Constitution of India seeking the following reliefs:-
"i) Issue Rule upon the Respondents to show cause as to why a Writ
in the nature of Mandamus and/or order/orders and/or direction/directions of
the like nature shall not be issued whereby directing the Respondents to
accord entitled family pension w.e.f. 12-02-2019 in favour of the instant
Petitioner.
ii) Issue Rule upon the Respondents to show cause as to why a Writ
in the nature of Mandamus and/or order/orders and/or direction/directions of
the like nature shall not be issued whereby directing the Respondents to make
interest on the arrear of the entitled family Pension till release w.e.f. 12-02-
2019 on which from she is entitled of the family pension.
iii) Issue Rule upon the Respondents Writ in the nature of Mandamus
and/or order/orders and/or direction/directions of the like nature shall not be
issued whereby directing the Respondents to give advice to the Branch
Manager, United Bank of India, Kaman Chowmuhani Branch, Agartala, West
Tripura, Tripura, Pin: 799001 to credit the entitled family Pension plus interest
on the arrear family Pension in the S.B. A/c No. 1017010145367 of the instant
Petitioner accordingly.
iv) Make the rules absolute.
v) Call for records.
vi) Pass any further order/orders as this Hon'ble High Court consider
fit and proper."
2. Heard Mr. P. Roy Barman, learned Sr. counsel assisted by Mr. M.L.
Roy, learned counsel, and Mr. D. Paul, learned counsel appearing for the
petitioner as well as Mr. B. Majumder, learned Deputy SGI appearing for the
respondents.
3. The present writ petition is filed seeking the above-mentioned
reliefs. This Court finds that the same is a premature writ petition since there is
no cause of action and even before any decision is taken, the present writ
petition has been filed.
4. However, it is seen from the record that the case of the petitioner
was in active consideration by way of a reply notice dated 5th of March 2024.
5. However, during the course of the argument Mr. Roy Barman,
learned Sr. counsel has placed on record an order dated 20th March 2024 issued
from the Office of the Commandant, 71 BN BSF, Bhikhiwind(Punjab) wherein it
is stated thus 'order is issued for release of Family Pension in favour of the Miss
Sumita Das D/o No.66911141 Ex.Const(Tailor) Late Subal Chandra Das of this
Unit w.e.f. 12.02.2019'.
6. In view of the same, accordingly, the same is taken on record and
the writ petition stands dismissed as premature. As a sequel, stay if any stands
vacated. Pending application(s), if any also stands closed.
JUDGE
suhanjit
RAJKUMAR Digitally signed by
RAJKUMAR
SUHANJIT SUHANJIT SINGHA
Date: 2024.07.02
SINGHA 14:03:38 +05'30'
