Sarbani Sardar v. State Of West Bengal And ORS.

12.08.2025 Sl. No.19 Ct. No.42 ss

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 2214 of 2024 Sarbani Sardar

Versus

The State of West Bengal & Ors.

Mr. Goutam Kumar Maity ...for the Petitioner.

, Mr. Pradyot Kr. Das ... for the State Report filed by the State is taken on record. The petitioner contends that her husband was appointed as a 'Nirman Sahayak' in Nishapur Gram Panchayat on 3rd January, 2006 and he discharged his duties for nine years. While in service, criminal proceeding was initiated against the husband of the petitioner and others registered as Baruipur P.S. Case No. 2001(12) 14 under Section 409 of the Indian Penal Code. During the pendency of such criminal case, the husband of the petitioner died on 14th April, 2019 leaving behind his widow, the petitioner herein, and one son. The petitioner made a prayer on 5th July, 2019 and 20th February, 2023 before the concerned Block Development Officer for releasing gratuity, family pension and the retiral dues in her favour. However, till date such benefits have not been released in favour of the petitioner. Hence, this writ petition.

Mr. Goutam Kumar Maity, learned Advocate for the petitioner submits that after demise of the husband of the petitioner, the petitioner is entitled to gratuity, family pension and other retiral dues in her favour. The petitioner made representation on 5th July, 2019 and 20th February, 2023 before the concerned Block Development Officer, however, no steps have been taken. He seeks that the matter be relegated to the Block Development Officer, respondent no.5 to take necessary steps for releasing of gratuity, family pension and other retiral dues in favour of the petitioner.

Mr. Pradyot Kumar Das, learned advocate for State leaves the matter to the discretion of the Court. He files report furnished by Block Development Officer dated 8th February, 2024, which is taken on record. Accordingly, the Block Development Officer, Baruipur Development Block, respondent no.5 is directed to consider and dispose of the representations of the petitioner dated 5th July, 2019 and 20th February, 2023 within a period of four weeks from date of communication of this order in accordance with law upon notice to the petitioner.

Learned advocate for the petitioner is directed to communicate this order to respondent no.5, Block Development Officer, Baruipur Development Block, for necessary compliance.

With the above direction, the writ petition being WPA 2214 of 2024 stands disposed of.

Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.

Interim order, if any, stands vacated.

All connected applications, if any, stand disposed of.

There shall be no order as to costs.

All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.

(Bivas Pattanayak, J.)