Bibekananda Bera v. State Of West Bengal And ORS.

15.09.2022 IN THE HIGH COURT AT CALCUTTA Ct. no.21 CONSTITUTIONAL WRIT JURISDICTION Sl. No.17 APPELLATE SIDE Sanjay WPA 20102 of 2022 Bibekananda Bera Vs.

The State of West Bengal & Ors.

Ms. Arunima Lala, Mr. Subhamoy Patra ....for the petitioner. Ms. Jayeeta Sinha, Mr. Ranjit Rajak ...for the State. Affidavit of service filed in Court today be taken on record.

The writ petitioner prays for death-cum-retiral benefits being a nominee of his Aunt, Swapna Paul (Bera), since deceased who used to work in the post of Staff Nurse in the H.S. Janubasan B.P.H.C of Purba Medinipur.

The petitioner has been named as nominee in the service book of his Aunt vide Memo No. 134 dated 30.03.2004. The petitioner's Aunt died on November 01, 2013.

The petitioner has made several representations from time to time and also submitted necessary documents and authorisation as demanded by the respondents concerned. The last of her representation was made on March 15, 2022.

Ms. Lala, learned counsel appearing on behalf of the petitioner submits that the last communication through the Chief Medical Officer of Health, Purba

Medinipur dated March 16, 2022 directed the Block Medical Officer to look into the matter and take necessary steps as per Government Rule. Thereafter, there was no development in the said matter.

Ms. Sinha, learned counsel appears for the State and submits that instructions are awaited on behalf of the State.

Having considered the submissions made on behalf of the parties and the materials placed on record, I direct the Block Medical Officer of Health, Tamluk-II, Purba Medinipur/respondent no.3 to dispose of the representation of the petitioner dated March 15, 2022 upon giving personal hearing to the petitioner in the light of the Memo dated March 16, 2022 issued by the Chief Medical Officer of Health, Purba Medinipur within eight weeks from the date of this order. A reasoned order be passed in the said matter and the same be communicated to the writ petitioner within one week from the date of passing of the same.

With the aforesaid directions, the writ petition being WPA 20102 of 2022 is disposed of.

There will be no order as to costs.

All parties shall act on the server copies of this order duly downloaded from the official website of this Hon'ble Court.

Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance of all necessary formalities.

(Lapita Banerji, J.)