Remanded

Biman Chandra Roy v. State of West Bengal and Ors.

Calcutta HC24 Aug 2021WP.ST/61/2021

Case brief

AI extract

What is this about?

The Court set aside the West Bengal Administrative Tribunal's order denying family pension. It directed the Deputy Commissioner of Police to revisit the matter, considering recent representations and applicable rules, within eight weeks after providing a hearing opportunity.

What did the court decide?

Set aside the Tribunal order; direct DC Police to revisit family pension claim considering representations and rules within eight weeks after hearing.

Biman Chandra Roy Vs State of West Bengal… — Pension and Retirement Benefits | Calcutta HC (2021)

14 24.8.2021

WPST 61 of 2021

Ct-16

Biman Chandra Roy Vs. The State of West Bengal & Ors.

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Md. Jalaluddin

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…. For the Petitioner

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Mr. Suman Basu

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…. For the Respondent no. 4

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Mr. Tapan Kumar Mukherjee, Ld. Addl G.P Mr. Pranab Halder

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…. For the State

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The writ petition is directed against an order passed by the West Bengal Administrative Tribunal on 10^th March, 2021 in connection with an application filed by the petitioner for grant of family pension.

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By an order dated 16^th June 2020, the prayer for family pension of the petitioner was denied by the Deputy Commissioner of Police in view of the fact that the original applicant owned 8(eight) bighas of agricultural land which is sufficient to meet the need of the family. However, subsequently on 5^th January, 2021 the petitioner made a representation before the O.C, Salar Police Station, District-Murshidabad and another representation before the Deputy Commissioner of Police, Reserve Force, Kolkata Police on 20^th January, 2021 stating that the basis of denying the relief made by him is factually incorrect.

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The petitioner has referred to certain facts and Government order in the said two representations dated 5^th January, 2021 and 20^th January, 2021, which, however, have not been considered by the Tribunal while disposing

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of the original application.

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There is no record to show that the issues raised by the petitioner were considered by the authorities concerned.

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In view thereof, we set aside the order passed by the Tribunal and direct the Deputy Commissioner of Police, Reserve Force, Kolkata Police to revisit the order dated 16^th June, 2020 after taking into consideration the representation dated 5^th January, 2021 and 20^th January, 2021 and the relevant rules, as may be applicable to the petitioner and dispose of the same after giving reasonable opportunity of hearing to the petitioner or his advocate within eight weeks from date by passing a reasoned order.

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The reasoned order shall be communicated to the petitioner within one week thereafter.

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WPST 61 of 2021 is thus disposed of without any order as to costs.

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Urgent photostat copy of this order, if applied for, be given to the parties upon compliance of all formalities.

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(Hiranmay Bhattacharyya,J.) (Soumen Sen, J.)

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Biman Chandra Roy v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Biman Chandra Roy v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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