Research › Search › Judgment

High Court of Tripura · body

2025 DAILYLAW 10 (TRI)

Sanchita Bhattacharjee v. The Union of India and 5 Others

WP(C)/641/2025 · 2026-03-19

S Datta Purkayastha

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF TRIPURA AGARTALA WP(C) No.641 of 2025 Sanchita Bhattacharjee (Age- 51 years), D/O- Lt. Birendra Chandra Bhattacharjee, And Lt. Gita Rani Bhattacharjee, R/O- Ramnagar, Road No-7, P.O- Ramnagar, Agartala, Tripura- 799002. ……Petitioner(s). V e r s u s 1. The Union of India, To be represented by the Secretary, Ministry of Housing and Urban Affairs, Central Public Works Department, Government of India, Nirman Bhawan, New Delhi- 110011. 2. The Secretary, Ministry of Housing and Urban Affairs, Central Public Works Department, Nirman Bhawan, New Delhi, Government of India. 3. The Pay and Accounts Officer (NEZ), Central Public Works Department, Ministry of Housing & Urban Affairs, Raja Villa, Malki-point, Shillong, Meghalaya- 7993001, Government of India. 4. The Executive Engineer (E), Guwahati Central Electrical Division-I, Central Public Works Department, Nirman Bhawan, Bamuni Maidan, Guwhati- 781021, Government of India. 5. The Executive Engineer (E), Silchar Electrical Division, CPWD, Silchar, Ram Nagar, Chirukandi Road, SILCHAR- 788003, Government of India. 6. The Branch Manager, Punjab National Bank, Ramnagar Branch, Agartala, West Tripura, PIN- 799002. ……Respondent(s). For Petitioner (s) : Mr. Purusuttam Roy Barman, Sr. Advocate. Ms. Sangita Ruhi Das, Advocate. For Respondent(s) : Mr. Bidyut Majumder, Deputy SGI. Mr. Prabir Saha, Advocate. Date of hearing and date of delivery of Judgment & Order : 19th March, 2026 Whether fit for reporting : NO HON’BLE MR. JUSTICE S. DATTA PURKAYASTHA JUDGMENT & ORDER (Oral) Heard learned counsel of both sides. [2] Mr. Prabir Saha, learned counsel appearing for Punjab National Bank (PNB) submits that the physical copy of counter-affidavit will be submitted in the course of the day, and he has also produced a physical copy of the counter-affidavit along with one bank statement before the Court. [3] The case of the petitioner, in brief, is that she is an unemployed and unmarried person aged about 50 years and is the daughter of Lt. Birendra Chandra Bhattacharjee. Her father died-in-harness on 05.12.1989 while working as a Wireman Gr-II, having posted at Agartala Central Electrical Sub-division-I under Guwahati Electrical Division-I, CPWD, Guwahati. The mother of the petitioner, i.e., Gita Rani Bhattacharjee, also expired on 31.08.2022, and during her lifetime, she was regularly receiving the family pension. [4] After the death of her mother, the petitioner approached the CPWD authority vide letter dated 04.12.2023 (Annexure-4 to the writ petition), requesting them to release the family pension in her favour. In turn, the Senior Accounts Officer of CPWD, vide their letter dated 01.02.2024 (Annexure-5 to the writ petition), informed her to submit all the necessary documents to the parent office for processing her family pension. Further, on 29.02.2024, the Executive Engineer(E), Silchar Division, also vide a communication (Annexure-6 to the writ petition) informed her that the Silchar Electrical Division, the CPWD had started its functioning at Silchar with effect from January, 1990 with the jurisdiction of Assam, Manipur, Mizoram & Agartala including Agartala Central Electrical Sub-division-I, CPWD, Agartala with the records in respect of works and employees and as per available records, the service records of said, late Birendra Chandra Bhattacharjee, Ex-Wireman was not received by their office from Guwahati Electrical Division-I, CPWD, Bhamunimoidhan. Further correspondences thereafter were also made by the petitioner on 04.03.2024, 24.09.2024 and 13.03.2024 (Annexure-7 to the writ petition) requesting for release of family pension at an early date. Page 3 of 5 [5] However, on 08.04.2024 (Annexure-8 to the writ petition), the CPWD authority asked her to submit an unmarried certificate issued by a 1st Class Magistrate along with the last pay certificate issued in the name of her father. She thereafter submitted the same vide letter dated 16.05.2024 (Annexure-9 to the writ petition) and again made a further request vide letter dated 07.11.24 (Annexure-10 to the writ petition) to CPWD authorities for releasing her pension. Thereafter, also several communications were exchanged between CPWD and the petitioner but same could not fetch any positive result for disbursement of the family pension in her favour. Then, she issued a legal notice dated 12.07.2025 (Annexure-14 to the writ petition) in this regard, and in turn, she received a reply on 06.08.2025 (Annexure-15 to the writ petition), that her matter was forwarded by the parent office to the PAO, CPWD (NEZ) Shillong with all relevant documents, as per pension rules. However, ultimately not having received any family pension, she approached this Court with the following reliefs: “i. Issue Rule upon the Respondents to show cause as to why writ in the nature of Mandamus and/or order/orders and/or direction/ directions of like nature shall not be issued whereby directing the Respondents to release family pension in favour of the Petitioner on the death of Lt. Birendra Chandra Bhattacharjee and Lt. Gita Rani Bhattacharjee. With arrear of pension with interest @ 9% per annum for deferred payment. ii. Make the rules absolute. iii. Call for records.” [6] In the counter-affidavit, the CPWD authority has contended that the pension could not be finalized due to the non-availability of certain essential service documents of the father of the petitioner and that repeated attempts were being made to locate and reconstruct all the missing records and necessary communications were also duly made to the petitioner in this regard. Finally, it is stated at Para No.17, that some development took place meanwhile in connection with the documents and it is agreed by the department to allow her claim after rest of mandatory procedure are complied. It is also stated that the respondents are willing to process the case immediately upon verification of available necessary documents. At paragraph No.23, it is also categorically stated that old official records were searched for processing and releasing the pension in favour of the petitioner but due to non-availability of certain vital documents same remained under the process. However, it is also contended that the present respondents have unanimously agreed to allow the claim of the family pension of the petitioner by completing rest of the procedure. [7] In that light, this Court, earlier on 20.01.2026, heard both the parties. At that time, Mr. Purusuttam Roy Barman, learned senior counsel submitted that all the required documents were already submitted to the authority, but in case of necessity again those will be resubmitted. This Court on that day directed the CPWD authority to make an attempt to examine the case of the petitioner and try to resolve the issue as per the procedure meanwhile. [8] Today, a copy of the letter issued by the Senior Accounts Officer of CPWD authority dated 10.03.2026 is placed on record by Mr. Bidyut Majumder, learned Deputy SGI, and on perusal of the same, it appears that for settlement of the petitioner’s case, the office require the original PPO Booklet (Disburser’s Portion) of the late family pensioner, and therefore they have requested the Punjab National Bank authority to return the PPO Booklet available at their end along with last payment certificate issued by the concerned CPPC after recovering overpayment, if any. [9] Mr. Saha, learned counsel for the bank authority submits that the bank was not aware of the said letter earlier as they have not received the same. However, just today they have received a copy of letter, and within two weeks the required documents will invariably be sent to the CPWD authority. Learned counsel further submits that family pension for extra two months was disbursed in the name of the mother of the petitioner, which is also required to be adjusted. [10] Court has considered the submissions of both sides. Already as indicated above, the CPWD has agreed that the claim for family pension of the petitioner would be allowed and only certain procedural formalities are required to be completed by them. [11] In view of the above, the writ petition is disposed of with a direction to the respondents to complete the entire process within 2(two) months of receipt of copy of this judgment, so that the family pension is released to the petitioner within this period. The required documents shall be sent by the Bank authority within 2(two) weeks from today to the CPWD authority. The petitioner will be entitled to get interest @ 7% per annum upon the arrear pension, if any, from the date when same fell due. Overpayment of family pension for two months, as submitted by the Bank authority may be adjusted accordingly. [12] With the above observations and directions, the writ petition stands disposed of. Pending application(s), if any, shall also stand disposed of. JUDGE Dinashree MUNN A SAHA Digitally signed by MUNNA SAHA Date: 2026.03.23 17:54:08 +05'30'