Labangalata Das v. State Of West Bengal & ORS

09 03.7.2023 Sc Ct. no.22 WPA 20640 OF 2017 With I.A. No. CAN 1 OF 2021 With I.A. No. CAN 2 OF 2022 ----------------- Smt. Labangalata Das Vs.

The State of West Bengal & Ors.

Mr. Mukteswar Maity Ms. Nupur Chaudhuri.

...For the Petitioner Mr. Mukteswar Maity, learned advocate appeared for the petitioner.

None appeared for the respondents nor any accommodation had been sought for.

Mr. Maity, learned advocate for the petitioner submitted that, the writ petition was filed seeking conversion of employment account of the petitioner from Contributory Provident Fund (CPF) to General Provident Fund (GPF). The petitioner died on September 3, 2021.

Re :

I.A. No. CAN 1 OF 2021 -------------- This application was filed seeking substitution of the legal heirs of the original writ petitioner. The same is pending.

Re :

I.A. No. CAN 2 OF 2022 -------------

This application was filed praying for an appropriate order. The same is also pending. Re : WPA 20640 OF 2017 ------------- Since the petitioner had died, considering the relief claimed in the writ petition, this Court is of the view that, no such relief can be entertained at this stage after the demise of the petitioner. Thus the writ petition has lost its force.

In view of the above, this writ petition, WPA 20640 of 2017 stand dismissed as infructuous.

Consequently, the applications`, I.A. No. CAN 1 of 2021 and I.A. No. CAN 2 of 2022 stand disposed of without any order as to costs.

However, the legal heirs of the petitioner shall be at liberty to press for their claim on account of the employment benefit of the original petitioner strictly in accordance with law, if they are so advised.

(Aniruddha Roy, J.)