Mina Ram v. The Government Of West Bengal And Othrs

20.07.2022 Ct. No.23 pg.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 15846 of 2022 Smt. Mina Ram Vs.

The Government of West Bengal & Ors.

Mr. Biswaroop Bhattacharya Mr. Supratic Roy ... For the petitioner Mr. Pinaki Dhole Mr. Avishek Prasad ... For the State Affidavit of service filed in Court today is taken on record.

The petitioner claims to be the wife of Deo Kumar Ram. The petitioner's husband admittedly was a State Government employee who was terminated from service by dint of a departmental proceedings prior to attaining the age of superannuation. The petitioner's husband has died on 9th November, 2018. The petitioner is claiming release of the employee's contribution to the provident fund and other benefits to which the deceased employee was entitled to. In view of the provisions of Section 3(q) read with Sections 15 and 28 of the Administrative Tribunals Act, 1985, this Court lacks jurisdiction to receive, try and determine the instant writ petition.

The writ petition is, accordingly, dismissed as withdrawn, with liberty to file afresh on the selfsame cause

of action before the appropriate forum, if permissible in law.

Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of necessary formalities.

(Arindam Mukherjee, J.)