Allahabad High Court
Maya Devi vs The Branch Manager , Bank Of India Branch ... on 6 August, 2024
Author: Sangeeta Chandra
Bench: Sangeeta Chandra
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:53871-DB Court No. - 3 Case :- WRIT - C No. - 6722 of 2024 Petitioner :- Maya Devi Respondent :- The Branch Manager , Bank Of India Branch Subhani Khera , Lko. And Others Counsel for Petitioner :- Manoj Kumar Singh Counsel for Respondent :- Gopesh Tripathi,C.S.C. Hon'ble Mrs. Sangeeta Chandra,J.
Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the petitioner, Sri Gopesh Tripathi who appears for the respondent nos. 1 to 3 and learned standing counsel who appears on behalf of the respondent no. 4.
This petition has been filed by the petitioner with the following main prayer:-
"(i).Issue a writ order or direction in the nature of mandamus commanding the opposite parties to release the family pension amount of the petitioner from the May 2024 continuously without any break and to impose the heave penalty on the opposite party no.1 causing the harassment to petitioner in her old age of 78 years for with holding the payment of family pension amount without any cause."
It is the case of the petitioner that her husband Chaman Lal was employee of the Indian Railway and he retired from the post of Senior Section Engineer (S.S.E.) Loco Workshop Charbagh, Lucknow in the year 1998. He was getting pension during his lifetime. He died on 13.7.2013 and after his death the petitioner was getting family pension from the opposite party nos. 1 to 3 up to year 2022. In year 2022, due to old age and paralysis attack on right side of her body, she is unable to move and also unable to talk and as such the real daughter of the petitioner was getting family pension of her mother and was taking her to the Bank, but in the month of May, 2024, the family pension was stopped by the opposite party no.1 although, the Railways department has not stopped sending family pension in her account only because the petitioner is unable to speak and unable to put her thump impression. It has been submitted by the counsel for the petitioner that the petitioner has no other source of income and she is fully dependent upon the family pension which has now refused by the opposite party no. 1. The petitioner has given an application to the opposite party nos. 1 to 3 regarding allowing the petitioner to receive her pension, to her real daughter, Ranjana, who is still unmarried and un-employed and lives with the petitioner and her other two daughters and two sons. Such request has remained unheeded and therefore, this writ petition has been filed.
Learned counsel for the petitioner has argued that in a similar case inWrit Petition No. 2253 (MB) of 2021 (Smt. Sahib Devi versus Branch Manager Bank Of India Lko. & Others), this Court has passed an order on 10.3.2021, a copy of which has been filed as annexure 3 to the petition. We have gone through the order passed by coordinate bench of this Court in writ petition no. 2253 (MB) of 2021. This Court while placing reliance upon the provisions of 'The National Trust for welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999', has directed the District Magistrate to refer the matter to the Local Level Committee constituted under section 13 of the said act for appointment of a guardian under section 14. The Court disposed of the writ petition with liberty to son of the petitioner to move an application under section 14 of the Act for appointment of a guardian of the petitioner before the District Magistrate, Lucknow and thereafter, directed that necessary and appropriate order be passed on the recommendation of the Local level Committee so that the guardian would be entitled to operate the bank account of the petitioner, keeping in view the best interest of the petitioner.
We have gone through the coordinate bench decision rendered on 10.3.2021 and also the provisions of 'The National Trust for welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999', and its statements of objects and reasons and the relevant sections.
This writ petition is disposed of with the direction to Miss Ranjana, the deponent of the affidavit filed in support of this writ petition, to file an appropriate application under section 14 before the District Magistrate, Lucknow who shall refer the said application to the Local Level Committee constituted under section 13 of the Act no. 44 of 1999. The Local Level Committee shall take an appropriate decision for appointment of a guardian and the order of appointment shall be passed preferably, within period of two weeks from making such an application. Once the decision, appointing the guardian is taken by the committee, the said guardian shall be entitled to operate the Bank account of the petitioner, keeping in view the best interest of the petitioner. The opposite party no. 4, District Magistrate, Lucknow is directed to expedite the matter, considering the difficult circumstances in which the petitioner is unfortunately facing. The opposite party nos. 1 to 3 shall comply with the order passed under section 14.
Order Date :- 6.8.2024 Mayank