Disposed

Sunil Kumar Debnath v. State of West Bengal & Ors.

Calcutta HC27 Sept 2023WPA/3401/2019

Case brief

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What is this about?

The single-judge bench addressed a writ petition regarding the sudden termination of family pension payable to the petitioner following his wife's death. The court directed the Deputy Secretary to treat the application as a representation, conduct a fair hearing, and communicate the outcome before January 20, 2024.

What did the court decide?

Directed the Deputy Secretary, Finance Department, Pension Cell, to consider the petition as a representation, give a fair hearing by December 31, 2023, and communicate the result by January 20, 2024.

Sunil Kumar Debnath Vs State of West Bengal… — Pension and Retirement Benefits | Calcutta HC (2023)

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S/L 37

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27.09.2023 Court. No. 29 Sourav

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WPA 3401 of 2019

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Sunil Kumar Debnath Vs. The State of West Bengal & Ors.

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Mr. Shaymal Chakraborty Mr. A. Mahalanabis

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… for the petitioner.

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Heard Mr. Chakraborty, learned advocate for the writ petitioner in support of the instant writ petition.

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The receipted copy of the letter dated 06.02.2023 addressed to Mr. Arjun Roy Mukherjee, learned advocate for the State as written by Mr. Debasis Mitra, learned advocate for the writ petitioner be taken on record.

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It is the grievance of the writ petitioner that though in the PPO issued in the name of his wife, Anjana Debnath, it has been mentioned that in case of her death, pension may be paid to her husband i.e., the writ petitioner herein but after the death of his wife, Anjana Debnath who was Ex-Staff Nurse, Gr. II, the family pension in the name of the writ petitioner being the husband of the deceased Anjana Debnath has been stopped suddenly for which the writ petitioner made a representation in writing dated 12.10.2018 with the Deputy Secretary, Finance Department, Pension Cell, Writers’ Building, Kolkata / 700 001.

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It is further contended that in spite of such representation, neither any explanation has been given by the said Deputy Secretary nor the family pension of the present petitioner has been started.

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Mr. Chakraborty further contended that pursuant to a letter No. 1956/Try-II/Bst dated 12.10.2018 as issued by the Treasury Officer, Treasury II, Barasat, the writ petitioner has submitted all the available documents as called for and even then the family has not been started.

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In view of the facts and submission as discussed supra, this Court directs the Deputy Secretary, Finance Department, Pension Cell, Writers’ Building, Kolkata – 700 001 to consider the instant writ petition as a representation of the present writ petitioner and to come to a logical conclusion of such representation after giving a fair chance of hearing either to the petitioner personally or through his learned advocate positively by the last day of December, 2023 and the result of such representation and hearing shall have to communicated to the writ petitioner positively within January 20, 2024.

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With the aforementioned observation, the instant writ petition being WPA 3401 of 2019 is disposed of.

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Parties are directed to act upon the server copy of this order duly downloaded from the official website of this Court.

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

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(Partha Sarathi Sen, J.)

Sunil Kumar Debnath v. State of West Bengal & Ors.

Case brief

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Sunil Kumar Debnath v. State of West Bengal & Ors.

Case brief

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