Basanti Kisku v. State Of West Bengal And ORS.

06.02.2024 Ct. No. 38 PP / SB In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A. 11350 of 2023 Basanti Kisku -versus State of West Bengal & Ors.

Ms. Juin Dutta Chakraborty Mr. Bidhan Modak Ms. Madhumita Paul ... For the petitioner Mr. Rezaul Hossain ... For the State The grievance of the petitioner is for release of deathcum- retiral benefits including gratuity, family pension along with interest.

Briefly stated, the petitioner is the daughter of one Rashmoni Murmu, wife of late Charan Kisku who was a Group -D employee at the Sisal Plantation Farm and had expired on 16.12.2023. The petitioner complains that notwithstanding having applied for appointment on compassionate ground and for release of all death-cum-retiral benefits including gratuity and family pension, the State respondents have taken no steps in the matter and have unnecessarily procrastinated the proceedings. On behalf of the State respondents it is submitted that the respondent no. 2 may be directed to consider the representation dated 02.3.2023 in accordance with law within a stipulated period of time.

Accordingly, the respondent no. 2 is directed to consider the representation filed by the petitioner dated 02.3.2023 within a period of eight weeks from the date of communication of this order and, if necessary, afford a right of hearing to the petitioner.

It is made clear that there has been no adjudication on the merits of the case and the respondent no. 2 shall act strictly in accordance with law without being influenced on the merits of the case.

With the aforesaid directions, the writ petition being W.P.A. 11350 of 2023 stands disposed of.

(Ravi Krishan Kapur, J.)