Arindam Lodh, J.:— Heard Mr. P. Roy Barman, learned counsel appearing for the petitioner as well as Mr. H. Deb, learned Asstt. SG appearing for the respondent nos. 1 to 4 and Mr. N. Majumder, learned counsel appearing for the respondent no. 5 and 6.
2. Issue notice calling upon the respondents to show cause as to why a rule shall not be issued, as prayed for; and/or why such further and other order(s) shall not be passed as to this Court may deem fit and proper.
3. Notice is made returnable on 08.05.2019.
4. Since all the respondents entered appearance through their learned counsel, no formal notice need be issued.
5. The petitioner Smt. Ruma Bhattacharjee is an unmarried daughter of an army-man, namely, late Satyabrata Bhattacharjee. The life of said Satyabrata Bhattacharjee was dedicated to the service of the Nation as an army man. He died on 01.09.1998 and after his death his wife was duly granted family pension, and she also died on 26.03.2013 Naturally the petitioner being the daughter of the deceased Satyabrata Bhattacharjee is entitled to get the family pension as a matter of right under CCS (Pension) Rules, but, the respondent nos. 1 to 4 are not paying the pension to the petitioner despite the fact that the petitioner had tried to pursuade the competent authority time and again to get her legitimate claim.
6. Mr. Roy Barman, learned counsel for the petitioner has contended that the petitioner has submitted all necessary documents before the appropriate authorities to enable the respondents to release the family pension in her favour after the death of her mother, the widow of late Satyabrata Bhattacharjee.
7. On the other hand, Mr. H. Deb, learned Asstt. SG has contended that some documents are necessary to release the pension in favour of the petitioner. However, Mr. Deb, has fairly submitted in response to a query of this court that admittedly, the petitioner is the daughter of deceased Satyabrata Bhattacharjee and she is entitled to get family pension.
8. Having due regard to the submission of the learned counsel, in my view, if certain interim measure is not taken, then, it will be impossible for the petitioner to lead her dignified life as enshrined under Article 21 of the Constitution of India.
9. Accordingly, in the interest of justice, the respondents are directed to release family pension to the petitioner within a period of 6 (six) weeks from the date of receipt of the copy of this order to fulfill her urgent needs. The other factors, if any, will be looked into at a later stage of the case after the counter affidavit is filed.
10. As prayed for by Mr. H. Deb, learned Asstt. SG the respondents may file their respective counter affidavit within 6 (six) weeks.
11. List the matter on 08.05.2019.
12. However, it is further made clear that, by this time, the respondents shall have to start payment of the family pension to the petitioner for her survival.
13. A copy of this order be supplied to learned counsel appearing for the parties.