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TMI Blog2020 (2) TMI 471X X X X Extracts X X X X X X X X Extracts X X X X ..... THAT:- The writ petitions stand disposed off with a direction to the authorities concerned to pay 50% of family pension of the deceased employee to the petitioners, through Mr. Umakant Tiwary, who is their maternal grandfather. The rest 50% shall be paid to the petitioner. Payment of family pension would be with up-to-date arrears. Similarly, 1/3rd of the other death-cum-retiral benefits would be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Amit Bhushan, AC to GP 17 ORAL JUDGMENT Heard learned counsel for the parties. 2. Both the cases have been taken up together for the purpose of disposal as the parties are common and the issue is also common. 3. The petitioners of CWJC No. 23869 of 2019 are the minor children of late Manoj Kumar Dwivedi, who died in harness working as Assistant Teacher in Government Middle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... between them. 6. On earlier occasion, the Court had given time to learned counsel for the respective parties to come up with a compromise formula, in accordance with law. 7. Today, the stand is that in terms of the provisions for payment of family pension, the petitioners of CWJC No. 23869 of 2019, being the minor children from the first wife be given 50% of the family pension in terms o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he deceased employee whereas the petitioner of CWJC No. 24504 of 2019, who is the second wife would be given 4/6= 2/3 of the said dues for herself and her three children. 9. Learned counsel for the State readily agreed to the formula which does not violate any legal provision. 10. Having regard to the aforesaid, the writ petitions stand disposed off with a direction to the authorities co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at all formalities required to be performed shall be got done by the authorities and at best the petitioners may be called to the office to sign, but they shall not be liable for any missing records of the authorities, including the service book of the deceased employee. 13. Learned counsel for the State shall communicate the order to the authorities concerned for compliance. - - TaxTMI ..... X X X X Extracts X X X X X X X X Extracts X X X X
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