Krishnapada Chakraborty And Another v. State Of West Bengal And ORS.

02.03.2021.

W.P.A. 923 of 2021 sk Ct. 15 Krishnapada Chakraborty & Anr. Vs. State of West Bengal & Ors. Mr. Sujit Kr. Rath Mr. Sukumar Sarkar ...for the petitioners.

Mr. Kakali Samajpati Mr. Pinaki Dhole ...for the State.

Learned Counsel appearing for the petitioner submits that the petitioner no. 1 made a representation on 15th February, 2021 for nomination and sanction the family pension for his handicapped adopted son. Learned Counsel further submits that the petitioner no. 1 is a 76 years old retired person and is looking after his handicapped son and for protection of his son after his death, the State should sanction the family pension in favour of his handicapped adopted son after his death. Mrs. Samajpati, learned Counsel appearing for the State submits that the application dated 15th February, 2021 may be considered by the Director of Pension, Provident Fund, Gratuity & Group Insurance but only within the four corners of law.

Heard both the parties.

The Director of Pension, Provident Fund, Gratuity & Group Insurance is requested to consider the application dated 15th of February, 2021 and pass a reasoned order within a period of 12 weeks from today.

The Director of Pension is also requested to give an

opportunity of hearing to the petitioner, to allow the petitioner to produce all the necessary documents before him and pass a reasoned order in accordance with law. The Director of Pension is also requested to communicate the decision as early as possible after taking such decision.

The learned Advocate-on-record of the petitioner is requested to serve a copy of this writ petition along with the supplementary affidavit and the order of this Court to the Director of Pension, Provident Fund, Gratuity and Group Insurance within seven days from today. I make it clear that I have not entered into the merits of the case.

The writ petition is disposed of.

There will be no order as to costs.

Urgent photostat website copy of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Rajarshi Bharadwaj, J.)