Prafulla Kumar Acharya v. State Of West Bengal And ORS.

rkd 24.09.2024 Ct.18 W.P.A. 23661 of 2024 Prafulla Kumar Acharya -vsThe State of West Bengal & Ors.

Mr. Saibal Acharyya, Mr. Manaranjan Jana ....for the petitioner.

Mr. Swapan Banerjee, Mr. Saugata Mitra ....for the State.

Affidavit-of-service filed on behalf of the petitioner is taken on record.

By presenting this writ petition, inter alia, petitioner being retired teacher has prayed for a direction upon the concerned State authorities to change the nominee in the pension papers of the petitioner since wife as nominee of the petitioner died on 16th June, 2016.

It is submitted on behalf of the petitioner that he has a divorced daughter whose name needs to be substituted in place of wife in the pension papers being nominee of the petitioner since petitioner's wife died on 16th June, 2016.

Stating these facts a representation has been preferred to the District Inspector of Schools (SE), Purba Medinipur dated 20th April, 2024 which is at page 28 of the writ petition seeking necessary

steps by the concerned State authorities for substituting name of petitioner's daughter in place of wife due to death of wife, as nominee of the petitioner in pension papers.

State respondents are represented by learned advocates.

Having considered the submissions made on behalf of the parties the writ petition stands disposed of directing the District Inspector of Schools (SE), Purba Medinipur being respondent no.4 to take decision on the representation of the petitioner dated 20th April, 2024 by eight weeks from the date of communication of this order and same shall be communicated to the petitioner by one week thereafter.

Before taking decision petitioner shall be given an opportunity of hearing.

If the respondent no.4 finds that prayer of the petitioner needs to be allowed by substituting petitioner's divorcee daughter in place of petitioner's deceased wife as nominee in pension papers, consequential steps shall be taken by the respondent no.4 for making necessary correction in the pension papers of the petitioner.

However, there shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the learned Advocates for the parties on the usual undertakings.

(Saugata Bhattacharyya, J.)