Amarendra Nath Pradhan v. State Of West Bengal & ORS

21.02.2025 Ct. No. 30 S.L No.28 SM WPA 21084 of 2016 CAN 1 of 2018 Amarendra Nath Pradhan Vs State of West Bengal & Ors.

Mr. Prasanta Kumar Banerjee, sr. adv.

Mr. Arindam Ghosh Mrs. Adity Gayen Mr. P. Biswas ......for the petitioner Mr. Sadhan Kr. Halder Mr. Abdus Salam ......for the State The present writ petition has been preferred praying for direction upon the respondent authority to settle the balance entitlement of the retiral benefit including commuted value of 40% of the pension together with interest for the delayed payment, including litigation cost of Rs. 5 lakhs and a further Rs. 5 lakhs on account of medical expense.

Learned counsel for the petitioners submits that his representation dated 28.09.2006 has not been considered by the respondent.

On the other hand the learned counsel appearing for the State of West Bengal who has already placed a report as directed by the Court submits that on consideration of the said representation all benefits as admissible has already

been paid to the petitioner. The interest part is due and shall be paid as directed by the Court.

On hearing the parties and considering the materials on record including the report filed by the State/respondent, the writ application is disposed of with the direction that the respondent authorities shall consider the prayer of the petitioner in respect of all his dues in accordance with law and on hearing the petitioner, shall disburse the same (as admissible) within a period of 60 days from the date of communication of this order.

As it is submitted that the petitioner has expired, this Court grants leave to the petitioner's legal heirs to appear and represent the deceased petitioner.

Applications, if any, connected thereto stand disposed of consequently.

Interim order, if any, stands vacated.

Let a copy of this order be sent to the Trial Court at once.

Photostat certified copy of this order, if applied for, being given to the parties on priority basis upon compliance of all formalities.

[Shampa Dutt (Paul). J]