Disposed

Smt Sailabala Sarkar v. State of West Bengal and Ors.

Calcutta HC19 Apr 2022WPA/716/2022

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What is this about?

The Calcutta High Court entertained a writ petition filed by a widowed mother seeking death-cum-retirement benefits for her deceased son. The petitioner had no response from authorities despite multiple representations. The court directed the District Panchayat and Rural Development Officer to consider the representations and pass a reasoned order within four weeks after hearing all legal heirs.

What did the court decide?

Direction to the District Panchayat and Rural Development Officer to consider and dispose of the petitioner's representations via a reasoned order within four weeks after hearing all legal heirs.

Smt Sailabala Sarkar Vs State of West… — Pension and Retirement Benefits | Calcutta HC (2022)

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08 19.04.2022 AK

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Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction

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W.P.A 716 of 2022

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Smt. Sailabala Sarkar

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-versus

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The State of West Bengal and others

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Mr. Arijit Ghosh

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…For the Petitioner.

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Mr. Bikramaditya Ghosh

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Mr. Momenur Rahman

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…For the State.

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Although an objection has been raised on the jurisdiction aspect of the present writ petition, this court is of the view that since the petitioner is a resident of Jalpaiguri, the writ petition should be entertained on that basis.

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The petitioner, as the widowed mother of her deceased son, claims death-cum-retirement benefits which were due to her son as a Government employee employed by the concerned Gram Panchayat. The petitioner’s son was the Executive Assistant at the Jamalpur Gram Panchayat, Dakshin Dinajpur, at the time of his death.

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Learned counsel submits that the petitioner’s daughter-in-law and the petitioner’s granddaughter are the two other legal heirs of her deceased son. It appears

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that the petitioner made several representations to the concerned authorities including to the District Panchayat and Rural Development Officer, Dakshin Dinajpur and to the Block Development Officer on 6^th January, 2022 including other letters written on 30^th July, 2021 and 1^st December, 2021. None of these communications were replied to by the respondents.

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The petitioner deserves a consideration and at least a response from the concerned authorities.

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This court is hence of the view that the respondent no.4 who is the material respondent in the case, being the District Panchayat and Rural Development Officer, Dakshin Dinajpur, should be directed to consider and dispose of the letter written on behalf of the petitioner to the said respondent as well as to several others on 6^th January, 2022 by way of a reasoned order after hearing the petitioner and the other legal heirs of the deceased son of the petitioner.

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The reasoned order should be passed within a period of four weeks from today and the copy of the reasoned order shall be made available to the petitioner within a week from the date on which such order is passed.

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Needless to say, that entitlement of the petitioner and the other legal heirs of the deceased Pradip Sarkar, shall be determined in accordance with the relevant statutes and notifications in relation to the death-cum-

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retirement benefits and pension of a deceased

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Government employee.

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WPA 716 of 2022 is disposed of in terms of the above.

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(Moushumi Bhattacharya, J.)

Smt Sailabala Sarkar v. State of West Bengal and Ors.

Case brief

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Smt Sailabala Sarkar v. State of West Bengal and Ors.

Case brief

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