The Allahabad High Court has termed as unfair the move to stop pension and retirement payment of a retired Assistant Teacher merely on the basis of change of surname.
A Single Bench of Justice Saurabh Shyam Shamshery passed this order while hearing a petition filed by Smt Mamta Jauhari @ Mamta Bhatnagar.
The petition was filed by Smt Mamta Jauhari @ Mamta Bhatnagar in the year 2018 since her retirement dues were not paid. She retired at age of superannuation while working on post of Assistant Teacher. Her services are not in dispute.
The petition remained pending for the last six years and meanwhile, unfortunately, the petitioner died on 16.04.2021. A substitution application was filed for substituting legal heirs of original petitioner which has been allowed vide order of date.
The Court noted that,
The dispute is only in regard to fact that original petitioner has joined services under name of Mamta Bhatnagar and her pension papers have been prepared in said name, however, case of original petitioner was that pension papers may be prepared in the name of Mamta Jauhari probably on a ground that her bank account was opened in name of Mamta Jauhari and not in the name of Mamta Bhatnagar.
The difficulty arose when she got her name changed in Aadhar Card and other documents from Mamta Bhatnagar to Mamta Jauhari and relevant documents in name of Mamta Bhatnagar and Mamta Jauhari are on record, therefore, the approach of respondents appears to be hyper-technical.
In these circumstances, in the interest of justice and since original petitioner has expired without receiving her pension, the Court disposed of the petition with an observation that all process shall be concluded and amount of pension shall be deposited in bank accounts of legal heirs of original petitioner and for that it is duty of respondents to call legal heirs within two weeks and proceed thereafter to conclude the same within four weeks.
“In case of default, legal heirs of the original petitioner are forced to come before the Court, this will be a ground to pass an order against respondents.
Legal heirs are also directed to appear before the respondent concerned on 19th of this month during office hours along with relevant documents so that their claim may be proceeded further.
In case of any legal impediment, the same shall be communicated to legal heirs of the original petitioner”, the order reads.