1st May, 2025 (AK)

03 F.A. 117 of 2013 IA No: CAN 6 of 2025 Thanuka @ Tanuka Das Vs.

Anab Das Mr. Balaram Neogi ...for the appellant.

Mr. Suman Basu Ms. Debapriya Ghosh ...for Principal Accountant General.

1. Learned counsel appearing for the Accountant General seeks a modification of the order dated August 30, 2024 passed in connection with CAN 5 of 2022, arising out of the present appeal.

2. Learned counsel for the principal Accountant General submits that the role of the Accountant General was over upon issuance of the pension payment order (PPO) in respect of the pension account of the respondent/husband.

3. It is the disbursing Bank, that is, the Allahabad Bank, Jodhpur Park Branch which is to disburse the pension amount to the respondent.

4. As such, necessary directions may be issued to the said Bank.

5. We find from the submission of parties that although the Accountant General was directed to ensure that the maintenance payable to the appellant/wife was deducted prior to disbursing the pension amount to the respondent, at present, it is the disbursing Bank which is remitting such amount and as such, in order to avoid the rigmarole of passing directions on the Accountant General or the concerned Treasury Officer, the ends of justice would be sub-served if we direct the Allahabad Bank, Jodhpur Park Branch, which is the disbursing Bank, directly to deduct the monthly maintenance of the appellant/wife from the pension payable to the respondent/husband and remit it to her account.

6. In view of such submissions, we do not find any necessity to modify the order dated August 30, 2024.

7. Rather, taking into consideration the changed circumstances, we pass a fresh direction on the Allahabad Bank, Jodhpur Park Branch, where the pension account of the respondent/husband in terms of PPO 111695971 is lying, to pay the amount of maintenance at the rate of Rs.2,500/- per month to the appellant/wife directly to her Account No.035201011311 maintained with the Punjab National Bank, Dhakuria Station Road Branch, by deducting the same from the monthly pension payable to the respondent Arnab Das, by the tenth day of each current month starting from May, 2025.

8. Apart from the said current amount of alimony, it is submitted by learned counsel for the appellant/wife that the arrears, due to non-payment of alimony, has accumulated to a quantum of Rs.3,60,000/- till April, 2025.

9. Hence, we further direct the Allahabad Bank, Jodhpur Park Branch to deduct Rs.5,000/- per month over and above the current alimony of the Rs.2,500/-, taking the total to Rs.7,500/- per month, from the pension account of the respondent/husband and to credit the same to the account of the appellant/wife, as mentioned above, till realization of the total arrears of Rs.3,60,000/-. 10. The documents filed today be kept on record.

(Sabyasachi Bhattacharyya, J.)

(Uday Kumar, J.)