Remanded

Smt. Priyanka R v. Union of India

Karnataka HC9 Nov 2023WP/14721/2023

Case brief

AI extract

What is this about?

Petitioner filed a writ petition to quash the Railway Claims Tribunal's order rejecting her application for release of fixed deposit compensation. The Court directed the Tribunal to release the amount if the petitioner furnishes proof of her second marriage as requested.

What did the court decide?

Respondent directed to release the fixed deposit amount forthwith if petitioner furnishes proof of second marriage as specified.

Smt. Priyanka R Vs Union of India — Pension and Retirement Benefits | Karnataka HC (2023)

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NC: 2023:KHC:40081 WP No. 14721 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 14721 OF 2023 (GM-AC)

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BETWEEN:

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SMT. PRIYANKA R., W/O LATE SHIVAKUMAR, AGED ABOUT 27 YEARS, HOUSE WIFE, R/O NEAR ANJANEYA TEMPLE, 1^ST MAIN, 1^ST CROSS, VINAYAKA NAGARA, RING ROAD, DAVANAGERE - 577 006.

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…PETITIONER

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(BY SRI. SHANTHARAJA K.G., ADVOCATE)

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AND:

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UNION OF INDIA, THROUGH THE GENERAL MANAGER, Digitally signed by SOUTH WESTERN RAILWAY, PADMAVATHI B K HUBLI - 580 020. Location: HIGH COURT OF KARNATAKA (BY SRI.H.SHANTHI BHUSHAN, DSGI)

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(BY SRI.H.SHANTHI BHUSHAN, DSGI)

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…RESPONDENT

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DATED:20.4.2023 PASSED IN M.A.49/2022 ON THE FILE OF RAILWAY CLAIMS TRIBUNAL, BENGALURU BENCH, BENGALURU PRODUCED AT ANNEXURE-A AND ETC.,

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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NC: 2023:KHC:40081 WP No. 14721 of 2023

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ORDER

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The petitioner is before this Court seeking the following prayers:

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"(I) ISSUE a writ of certiorari or any other writ quashing the order dated 20.04.2023 passed in M.A.49/2022 on the file of Railway Claims Tribunal, Bengaluru Bench, Bengaluru produced at Annexure - A.

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(II) ISSUE, a writ of mandamus or any other writ or direction directing the Railway Claims Tribunal, Bengaluru Bench, Bengaluru to release the entire fixed deposit in favour of the petitioner.

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(III) Grant such other order or direction as deems fit to grant in the facts and circumstances of the case."

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The petitioner along with her mother-in-law claimed compensation for the death of her husband on an untoward incident that happened on 06.06.2018. The compensation was determined at Rs.4,00,000/- to each of the applicants with 6% interest per annum. The entire amount was not released, as Rs.3,50,000/- had been kept in fixed deposit for a period of five years in a Nationalized Bank. The petitioner then after four years files a miscellaneous application in M.A.No.49/2022 before the concerned Court for her release of the fixed deposit.

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NC: 2023:KHC:40081 WP No. 14721 of 2023

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The Railway Claims Tribunal rejects the application on the score that there are no documents to demonstrate all the reasons submitted in the application seeking release of the amount. It is therefore, the petitioner is before this Court.

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Sri. Shanthi Bhushan, learned DSGI was directed to accept notice for the respondent and secure instructions. The learned DSGI has secured instructions and would submit on such instruction that if the petitioner would furnish aadhar card of the petitioner and the husband, and the person to whom the petitioner is wanting to get married, as the reason that is projected in the application is a marriage for the second time and an affidavit of the petitioner of such marriage or the marriage certificate, if the marriage has taken place during the pendency of the subject petition. If these are furnished, it would be released within one week from the date of such submission is the instruction that the learned DSGI has and makes before this Court.

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Therefore, the concerned Court shall look into the documents as aforesaid and if the documents are in order,

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NC: 2023:KHC:40081 WP No. 14721 of 2023

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forthwith release the amount without any loss of time in favour

of the petitioner.

Ordered accordingly.

Sd/JUDGE

JY List No.: 1 Sl No.: 7 CT:SNN

Smt. Priyanka R v. Union of India

Case brief

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Smt. Priyanka R v. Union of India

Case brief

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