Uttarakhand High Court
WPMS/2625/2021 on 14 December, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 14TH DAY OF DECEMBER, 2021
BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
Writ Petition (M/S) No. 2625 of 2021
BETWEEN:
Smt. Pushpa Chauhan. ...Petitioner
(By Mr. Vikas Anand, Advocate)
AND:
The Commandant Indian Ordinance
Factory, Raipur, Dehradun & others. ...Respondents
(By Mr. Pankaj Chaturvedi, Standing Counsel for the Union of
India/respondent nos. 1 to 4)
JUDGMENT
According to the petitioner, she is legally
wedded wife of Ex-LDC Mr. Virendra Kumar
Chauhan, who was an employee of Ordnance
Factory. It is further her case that marriage
between petitioner and Virendra Kumar Chauhan
is still subsisting.
2. By means of this writ petition, petitioner
has sought the following reliefs:-
to 4 to continue the name of the petitioner as
Nominee of the respondent No. 5, P.N.
14601631 Ex-LDC Virendra Kumar Chauhan in
his official/pension records for future benefits.
B. Mandamus, directingthe respondents to pay
the 1/3rd of pension amount of the respondents
no. 5 direct into the petitioner's bank account
along-with the arrears of maintenance from the
month of November 2019.
C. Mandamus, directingthe respondents to pay
the 1/3rd share of pensionary benefits/income
of the respondent No. 5."
3. According to the petitioner, pursuant to
a compromise entered into between petitioner and
her husband before Additional District Judge, Tis
Hazari Court, New Delhi, one-third salary of her
husband was deducted by ordnance factory and
the same was credited to petitioner's account. Her
grievance is that from the month of October,
2020, no deduction has been made from the
salary of petitioner's husband, therefore, petitioner
is finding it difficult to maintain herself.
4. On 09.12.2021, time was sought by
learned Standing Counsel appearing for Union of
India, for getting instructions. Today, on
instructions, he submits that petitioner's husband
was earlier serving at Central Ordnance Depot.
Shakurbasti, Delhi and he was transferred to
Ordnance Factory, Dehradun w.e.f. 19.04.2008,
but, now petitioner's husband has retired on
31.10.2020, and after his retirement, the
Competent Authority, for deducting the
maintenance amount from pension payable to
petitioner's husband, is Principal Controller of
Defence Accounts (Pension), Allahabad. Based on
instructions, he further submits that Ordnance
Factory, Dehradun can forward petitioner's claim
for maintenance and retiral benefits to Principal
Controller of Defence Accounts (Pension),
Allahabad. Thus, the stand taken by respondent
no. 1 is that consequent to superannuation of
petitioner's husband w.e.f. 31.10.2020, payment
of salary was stopped to him, therefore, the
amount of maintenance could not be deducted.
5. In view of the submission made by
learned counsel for respondents, the writ petition
is disposed of with liberty to petitioner to make
representation to Principal Controller of Defence
Accounts (Pension), Allahabad, within three weeks
from today. Respondent no. 1 shall forward
petitioner's claim for maintenance, to Principal
Controller of Defence Accounts (Pension),
Allahabad within three weeks. The Principal
Controller of Defence Accounts (Pension),
Allahabad shall consider petitioner's representation
and take appropriate decision, in accordance with
law, as early as possible, but not later than three
months from the date of receipt of such
representation. Before taking any decision,
petitioner's husband shall also be given an
opportunity of hearing.
(MANOJ KUMAR TIWARI, J.)
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