Kajali Datta vs Union of India - 2023 Supreme(Tri) 61

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Tri) 61

ARINDAM LODH
Kajali Datta – Appellant
Versus
Union of India – Respondent

Advocates appeared:
Samar Das, Advocate, P. Datta, Advocate, B. Majumder, Advocate

Table of Content
1. writ petition allowed and disposed of. (Para 1 , 5)
2. correct identification of claimants for pension. (Para 2 , 3)
3. court orders pension release based on identity verification. (Para 4)

JUDGMENT

Arindam Lodh, J. - Heard Mr. Samar Das, learned counsel appearing for the petitioner. Also heard Mr. P. Datta, learned counsel appearing for the respondents no. 3 and 5 and Mr. B. Majumder, learned Deputy SGI appearing for the respondents no. 1 and 2.

2. The problem which has cropped up compelling the present writ petitioner to file the instant writ petition is that the name of the petitioner is actually 'Kajali Datta', but, in the service book of her deceased husband, her name was inadvertently entered/written as 'Smt. Kajal Rani Dutta' as wife of the deceased. For that reason, the respondent-UCO Bank is not releasing the family pension in favour of the petitioner.

3. Till today, no other person had raised any claim that the deceased husband of the petitioner had any other wife named as Smt. Kajal Rani Dutta other than the petitioner. 'Smt. Kajal Rani Dutta' and 'Smt. Kajali Datta' is the same and identical person and in this regard an affidavit was sworn and filed before

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