Malina Mondal v. State Of West Bengal And ORS.

07.05.2025 (D/L-17) Ct. No.4 (B.K.N.) W.P.S.T. 68 of 2025 Malina Mondal Vs.

The State of West Bengal & Ors.

Mr. Sabyasachi Chatterjee, Mr. Rameshwar Sinha ...for the Petitioner Mr. Tapan Kr. Mukherjee, Ld. AGP, Ms. Sangeeta Roy ...for the State Mr. Dwijadas Chakraborty, Mr. Sk. Sujauddin ...for the Respondent No. 5

1. Affidavit of service filed by the petitioner be taken on record.

2. The substance of the relief prayed for in the Original Application is a direction upon the Government to compel on employee who the applicant claims to be her husband to incorporate her name as a nominee in the service records.

3. We have put a specific query to the learned counsel whether there is any provision giving jurisdiction to the employer to enforce such a mandate on the employee.

4. The learned counsel has fairly submitted that no such provision could be found in the relevant service rules in this regard. He, however, draws attention of the Court towards the fact that the applicant has

claimed that some order has been issued in a criminal revision proceedings directing for payment of maintenance to the applicant.

5. Without going into the merits of such submission we only observe that if that be so, the applicant would not otherwise be remediless.

6. The writ petition is accordingly disposed of. (Madhuresh Prasad, J.) (Supratim Bhattacharya, J.)