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Calcutta High CourtWPCRC/97/2019rule discharged

Bikash Chandra Pandey v. Samarendra Roy

2021-01-05Hon'Ble Justice Arijit Banerjee2 pages

03.03.2022 Item 22-23 Court No.6.

AB I. A. CAN 1 of 2021 In WPCRC 97 of 2019 With WPA No.35 of 2017 With I. A. CAN 1 of 2018 (Old CAN 10196 of 2018) (CAN NOT IN FILE) Bikash Chandra Pandey Vs Samarendra Roy & Anr.

Mr. Kamalesh Bhattacharya, Mr. Rezaul Hossen, Mr. Parvez Hossain ....for the Applicant.

Mr. Supriyo Chattopadhyay, Mr. Sabyasachi Mondal ......for the Contemnors. In re : IA CAN 1 of 2021 By an order dated January 5, 2021, whereby contempt proceedings were closed, liberty was granted to the petitioner to produce the 'legal heirship certificate' before the concerned District Inspector of Schools within two months from the date of that order, with the direction that if he does so, the admissible arrear family pension shall be released in his favour within a period of four months thereafter.

Appearing in support of the present application, Mr. Bhattacharya, learned Counsel says that the 'legal heirship certificate' has already been submitted before the concerned District Inspector of Schools. However,

the Director of Pension & Provident Fund has required the petitioner to submit such certificate before him again. For this, the petitioner seeks extension of time. Having heard learned Counsel for the parties, I permit the petitioner to deposit the 'legal heirship certificate' before the Director of Pension & Provident Fund as required by the document, copy whereof is at page 23 of the present application, within a period of two weeks from date.

Upon that being done, the Director of Pension and Provident Fund shall release the admissible arrear family pension in favour of the petitioner as soon as possible and positively within a period of three months.

The application being IA CAN 1 of 2021 stands, accordingly, disposed of.

Urgent Photostat Certified copy of this order, if applied for, be supplied expeditiously after complying with all necessary legal formalities.

(Arijit Banerjee, J.)