Sarbeswar Sahu v. State Of West Bengal And ORS.

S/L 1 10.12.2024 Court No.19 SD

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 16060 of 2024 Sarbeswar Sahu Vs.

The State of West Bengal & Ors.

Mr. Subhrangsu Panda Mr. Ratul Ghosal ... for the Petitioner.

Mr. Rajat Dutta ... for the State.

Leave is granted to the learned advocate for the petitioner to correct the cause title of the writ petition to describe the respondent no.4 properly.

The wife of the petitioner was an Assistant Teacher at Madhya Gurguria Fee Primary School under Kultali South Circle, District - 24 Parganas (South); who had died-in-harness on September 6, 1981.

The petitioner is praying family pension which is pending at the end of the District Inspector of Schools (PE), District - 24 Parganas (South), the respondent no.4 herein.

Mr. Rajat Dutta, learned advocate for the State files report of the respondent no. 4 as directed by the order dated November 19, 2024.

It appears from the report that the petitioner is required to file documents necessary to process his prayer. Mr. Panda, learned advocate for the petitioner submits that his client is facing difficulty in obtaining certificate of surviving heirs of his wife from the District Magistrate, he prays requirement of filing the said document may be dispensed with.

Mr. Dutta, submits that filing of the said document is the statutory requirement which cannot be compromised.

The petitioner is directed to submit documents/papers which would be requisitioned by the respondent no. 4.

The District Magistrate Purba Medinipore within whose jurisdiction the petitioner resides is requested to dispose of the prayer of the petitioner for the said certificate, if applied for expeditiously.

WPA 16060 of 2024 is thus disposed of without any order as to costs.

No affidavit since has been invited, the allegations made in the writ petition are deemed to have been denied by the respondents.

Parties to act on the server copy of this order duly downloaded from the official website of this Court. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance of all requisite formalities.

(Biswajit Basu, J.)