Arunima Pramanik v. State Of West Bengal & ORS

22.12.2020 rpan / 20 Court No.25 Video Conference W.P.A. No. 6393 of 2020 with CAN 1 of 2020 [Old no. CAN 4989 of 2020] Arunima Pramanik - Versus - The State of West Bengal & Others Mr. Sarbananda Sanyal, Mr. Partha Pratim Roy, Mr. Dyutiman Banerjee ... for the petitioner.

Mr. Bhaskar Chakraborty ... for the State respondents.

Mr. Sanyal, learned advocate appearing for the petitioner submits that the petitioner is the daughter of the deceased teacher, namely, Amitabha Pramanik. After demise of her father, the authorities have not disbursed family pension in favour of her mother, namely, Rina Pramanik. Aggrieved thereby, the petitioner has approached this Court.

Pursuant to the earlier order of this Court, a report in the form of an affidavit has been filed by the respondent no.4 from which it appears that the deceased employee nominated his wife, namely, Chaitali Pramanik to avail the death-cumretirement benefits. In the Pension Payment Order the name of Chaitali Pramanik stands incorporated under the clause "Family Pension". The petitioner has not been able to produce any document to establish that her mother, namely, Rina Pramanik

is the legally married wife of the deceased employee.

In view thereof, no direction can be issued towards disbursement of family pension in favour of the petitioner's mother, namely, Rina Pramanik and the writ petition is, accordingly, dismissed. The dismissal of the writ petition will not prevent Rina Pramanik from taking appropriate steps before the competent civil forum, if so advised and in accordance with law. There shall, however, be no order as to costs.

The application for urgency, being CAN 1 of 2020 [Old No. CAN 4989 of 2020], has become infructuous and the same is also dismissed.

(Tapabrata Chakraborty, J.)