Allowed

Habiban Nesa and Anr. v. State of West Bengal and Ors.

Calcutta HC17 Jul 2023WPA/16074/2023

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What is this about?

The High Court allowed a writ petition filed by the widow and son of a deceased Additional Public Prosecutor. The court directed the State authorities to immediately disburse the unpaid pension dues of the deceased, totaling Rs. 4,47,850/-, within a month.

What did the court decide?

Directing the respondent-authorities to disburse the due pension amount of Rs. 4,47,850/- to the petitioners within a month.

Habiban Nesa and Anr. Vs State of West… — Pension and Retirement Benefits | Calcutta HC (2023)

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20 17.07.2023 mb

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IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE

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W.P.A. No. 16074 of 2023

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Habiban Nesa & Anr. Vs. State of West Bengal & Ors.

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Mr. Uday Sankar Chattopadhyay, Mr. Suman Sankar Chatterjee, Ms. T. Rakshit

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…for the petitioners

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Mr. Sk. Md. Galib, Ms. Tanwishree Mukherjee

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…for the State

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The petitioners are the widow and son of the deceased Additional Public Prosecutor, who rendered his service duly in the Alipore District and Sessions Judge’s Court, South 24-Pargans.

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Upon an application being made by the petitioners under the Right to Information Act, 2005, it was intimated by the respondentauthorities that an amount of Rs.24,700/- up to July, 2011 as well as an amount of Rs. 4,23,150/were due to the petitioner No. 1’s deceased husband by virtue of such service. However, despite application, the same was not disbursed in favour the petitioners.

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Learned counsel appearing for the State submits that the Additional District Magistrate (G), South 24-Parganas has already written to the Legal

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Remembrancer for disbursal of such amount and as and when such amount is disbursed, the same will be paid to the petitioners.

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Since the State has not disputed the amount, W.P.A. No. 16074 of 2023 is allowed, thereby directing the respondent-authorities to immediately disburse the dues of the deceased, Md. Abdur Rouph, for services rendered by him as Additional Public Prosecutor in Alipore, South 24-Parganas during his lifetime, as expeditiously as possible, positively within a month from date, to the petitioners.

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The Legal Remembrancer shall disburse the due amount within a fortnight from date to the concerned authorities, for the amount to be paid to the petitioners.

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The parties shall act on a server copy of this order, without insisting upon prior production of a certified copy thereof.

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There will be no order as to costs.

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Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance of all necessary formalities.

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(Sabyasachi Bhattacharyya, J.)

Habiban Nesa and Anr. v. State of West Bengal and Ors.

Case brief

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Habiban Nesa and Anr. v. State of West Bengal and Ors.

Case brief

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