Nurul Nahar Begum v. The Assam Gramin Vikash Bank and 4 Ors

ORDER

11.12.2023

Heard Mr. A.M.S. Mazumder, learned counsel for the petitioner. Also heard Ms. Mochahari, learned Standing Counsel, AGVB and Mr. A.K. Azad, learned counsel for the respondent no.6. This writ petition is filed by the petitioner claiming to be the wife of late Kabir Ahmed Muzumder who was working as a Branch Manager in the Assam Page No.# 3/5 Gramin Vikash Bank. The petitioner's husband superannuated on 31.12.2019 and after his retirement he received his pension and other pensionary benefits. The petitioner's husband expired on 26.03.2021. The petitioner claims to be the surviving widow of late Kabir Ahmed Muzumder and had approached the authorities for release of family pension. However, her prayers have not been attended to by the Bank authorities. Meanwhile, the respondent no.6, namely, Laylun Nehar Barbuiya, who is impleaded in the writ petition as the respondent no.6 by virtue of the order passed by this court on 12.06.2023 in IA (C) No.1392/2023, also claims to be the widow of late Kabir Ahmed Muzumder. Although this Court had granted opportunities earlier, the learned counsel for the respondents/Bank prays for further time for completing her instructions and filing necessary affidavit. Having heard and counsel for the parties and upon perusal of the pleadings on record, this Court finds that the only issue in the present writ petition is that the claims of the petitioner vis a vis the private respondent no.6 for the family pension, as both of them claim to be widows of late Kabir Ahmed Muzumder. Learned counsel for the petitioner has referred to the Assam Gramin Page No.# 4/5 Vikash Bank (Employees) Pension Regulations, 2018, more particularly, Regulation no.38 (6) (d) (i). As per Regulation no.38 (6) (d)(i) – "where family pension is payable to more widows than one, the family pension shall be paid to widows in equal shares." It is submitted by the learned counsel for the petitioner that the authorities are required to make a decision in terms of the Regulation and pass appropriate orders entertaining the claims of the petitioner vis a vis the claim of the private respondent no.6. Such submissions made are not disputed by the learned counsel appearing for the private respondent no.6. Under such circumstances, this Court is of the view that since the prayer in the writ petition is restricted only to the share of family pension payable to the petitioner vis a vis the claims of private respondent no.6, as both of them claim to be widows of late Kabir Ahmed Muzumder, this Court is of the considered view that the matter can be disposed of at this stage with the direction to the respondent Bank, namely, the respondents no.1, 2 & 3, who will look into the grievances raised by the petitioner as well as the respondent no.6, and thereafter pass appropriate orders in terms of Regulation as per the provisions of the Assam Gramin Vikash Bank (Employees) Pension Regulations, Page No.# 5/5 2018. The authorities while deciding the inter se claims will take into account the provisions of Regulation 38 of the Regulations and pass appropriate orders. While deciding the matter, the Bank authorities will permit sufficient opportunities to both the petitioner and the respondent no.6 to agitate their inter se claims. Any such speaking order that is passed by the respondent authorities, copies thereof shall be served on the petitioner and the respondent no.6. The respondent no.6 are permitted to approach the respondent authorities, namely, the respondents no., 1, 2 & 3 to decide the matter in terms of the directions passed by this Court within a period of 1 (one) week from the date of receipt of a certified copy of this order. And thereafter, the authorities will decide the matter in terms of the directions issued within a further period of 30 (thirty) days from the date of receipt of a certified copy of this order along with any representation or application as filed by the petitioner and/or the respondent no.6. In terms of the above direction, the writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010236652022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7627/2022o NURULoNAHARoBEGUMo W/O-oLT.oKABIRoAHMEDoMAZUMDER,oVILL-oLALANGoPART-I,oP.O.o PAILAPOOL,oP.S.oLAKHIPUR,oDIST.-oCACHAR,oASSAM VERSUSo THEoASSAMoGRAMINoVIKASHoBANKoANDo4oORSo REP.oBYoITSoCHAIRMANo(AoJOINToUNDERTAKINGoOFoTHEoGOVT.oOFoINDIA, GOVT.oOFoASSAMoANDoPUNJABoNATIONALoBANK)oH.O.,oGSoROAD,o BHANGAGARH,oGHY,oPIN-o781005 2:THEoGENERALoMANAGER o(ADMINISTRATION) oASSAMoGRAMINoVIKASHoBANK oH.O. oGSoROAD oBHANGAGARH oGHY oPIN-o781005 3:THEoCHIEFoMANAGER o(PERSONNEL) oASSAMoGRAMINoVIKASHoBANK oH.O. oGSoROAD oBHANGAGARH oGHY oPIN-o781005 4:THEoREGIONALoMANAGER oSILCHARoREGION oASSAMoGRAMINoVIKASHoBANK Page No.# 2/5 REGIONAL OFFICE SILCHAR AMBICAPATTY P.O. SILCHAR DIST.- CACHAR PIN- 788004 5:THE BRANCH MANAGER PAILAPOOL BRANCH OF ASSAM GRAMIN VIKASH BANK RAJABAZAR-HARINAGAR-KUMACHARA ROAD PAILAPOOL DIST.- CACHAR ASSAM PIN- 788098 6:LAYLUN NEHAR BARBHUIYA W/O LATE KABIR AHMED MAZUMDER VILLAGE UJANGRAM PO BARJATRAPUR DISTRICT CACGAR ASSAM PIN-78811 Advocate for the Petitioner : MR. A M S MAZUMDER Advocate for the Respondent : SC, A G V B BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA