The High Court dismissed a writ petition challenging a university order denying widow pension on maintainability grounds, holding that a civil dispute exists between two claimants and the matter must be decided by a Civil Court.
The writ petition is dismissed.
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12.04.2021 adeb Item. No.14 Ct. 15
W.P.A. No. 7105 of 2021
Smt. Biva Rani Mondal @ Bibharani Mondal Vs. The State of West Bengal & Ors.
Md. Mokaram Hossain Mr. Razzak Hossain Mr. Sandipan Maity ..for the Petitioner Mr. Shahan Shah Mr. Soumen Barman ..for the respondent no. 6 Mr. Billwadal Bhattacharyya Mr. Amrit Sinha ..for the Jadavpur University Mr. Rama Prasad Sarkar Ms. Anima Das Chakraborty
..for the State
Learned Counsel appearing for the petitioner challenges an order passed by the Registrar, Jadavpur University. On perusing the order I find that the Registrar has concluded that there is a civil dispute regarding widow pension between two claimants, both of whom claimed that they are the legal wives of late Sisir Kumar Mondal, ex-employee of Jadavpur University. This issue can only be decided by a competent Civil Court and according to me, the writ petition is not maintainable.
The writ petition is dismissed, however, the petitioner is requested to take appropriate steps in accordance with law.
2
No order as to costs.
Since no affidavits have been invited, the allegations made in the writ petition are deemed to have been denied.
Urgent photostat certified copy of this order, if applied for, be given to the parties on the usual undertakings.
(Rajarshi Bharadwaj, J.)
1 issue framed by the court
Whether the High Court ought to exercise jurisdiction in a writ petition challenging a university decision where the controller found that a civil dispute exists regarding widow pension between two cl
Smt. Biva Rani Mondal @ Bibharani Mondal
The State of West Bengal & Ors.
Rajarshi Bharadwaj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
