SMT. ARCHANA MUKHOPADHYAY v. UNION OF INDIA AND ORS.
WPA/6144/2026 · 2026-08-25
Reetobroto Kumar Mitra
body2026
DailyLaw.ai
[ 2026 DAILYLAW 35749 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 35749 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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25.08. 2026
Ct. No. 18
Ab
WPA 6144 of 2026
Smt. Archana Mukhopadhyay Vs. The Union of India and others. ---------------
Mr. Dhiman Roy, Mr. Pritam Modak, Mr. Dip Chanda. … for the petitioner. Mr. Avijit Tewary, … for the Provident Fund Authority. Mr. Amit Kumar, Ms. Rishita Sasrkar. … for the IOCL. Mr. Falguni Bandyopadhyay. … for the respondent. 1. The affidavit of service filed today is taken on record. 2. The report filed by the respondent nos. 2, 3 and 5 and the report filed by the respondent no. 6 are kept on record. 3. The dispute is on a very short conspectus. 4. The grievance of the petitioner is that the nomination of her son to receive family pension after her demise has not been considered. 5. Learned Advocate for the Indian Oil Corporation Limited and the Pension Authorities have filed their respective reports wherefrom it appears that the nomination of the petitioner’s son is creating a hurdle, as the son is only 50% disabled and, therefore, cannot get pension after the age of 25 years. In terms of the Employees Provident Fund Scheme, 1995, para 63(e), specifies that only if the
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son is 100% disabled, he will be entitled to receive family pension permanently. 6. In view of this hurdle, the petitioner’s application has been kept in abeyance and is on the verge of rejection. It is in these circumstances that the petitioner had approached this Court. 7. The petitioner’s more pressing grievance presently is that even though she had retired on December 31, 2019, she has not been paid pension. There is absolutely no ground to retain or keep in abeyance the pension of the petitioner. 8. The petitioner is agreeable to receive the pension without insisting on nominating her son. 9. In view thereof, the petitioner is directed to file a fresh application with respondent no. 3 with all requisites by September 10, 2026. The respondent no. 3 will forward the application with all requisites, complete in all respects, within a period of three weeks from the receipt of the same to the respondent no. 6 or Employees Provident Fund Organization, Regional Office, Mumbai-I, Bandra (East), Mumbai. The respondent no.
6 or Employees Provident Fund Organization, Regional Office, Mumbai-I, Bandra (East), Mumbai, will thereafter take all necessary steps and ensure that the Pension Payment Order is issued in favour of the petitioner and the pension amount is disbursed within a period of four weeks from the date of receipt of the application from
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the respondent no. 3. 10. With the afore-stated directions, the writ petition is disposed of. 11. There shall, however, be no order as to costs. 12. Urgent Photostat certified copy of this order, if applied for, be given to the parties on priority basis. (Reetobroto Kumar Mitra, J.)