Smt. Puspa Debnath v. The Baidyabatimunicipality And ORS.

08.01.2024 s.h.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A. 22915 of 2023 Smt. Puspa Debnath -versus The Baidyabati Municipality & Ors.

Mr. Partha Sarkar Mr. Abhijit Basu Ms. Megha Sarkar ... for the petitioner.

The husband of the petitioner was an employee of Baidyabati Municipality. He died-in-harness on July 28, 2003. It has been submitted by the learned advocate for the petitioner that service of the husband of the petitioner was not approved.

The petitioner prays for disbursal of terminal benefits of her husband.

It appears that a representation has been made by the petitioner before the Municipality on August 29, 2023. The same is yet to be considered.

The petitioner seeks consideration of her representation in terms of the order passed by this Court on December 11, 2020 in WPA 8749 of 2020 (Sri Swapan Chatterjee v. The Baidyabati Municipality & Ors.).

Without going into the merit of the claim of the petitioner, as it appears that a representation is pending consideration at the end of the Municipality, accordingly, the instant writ petition is disposed of by directing the Municipality to consider the representation of the petitioner dated August 29, 2023 in accordance with law at the earliest but positively

within a period of eight weeks from the date of communication of this order.

If the petitioner is found entitled to any terminal dues of the deceased employee, the same shall be disbursed in her favour immediately thereafter. Learned advocate for the petitioner is directed to forward a copy of the representation dated August 29, 2023 along with all other documents in support of her claim to the Municipality at the time of communicating the order of the Court.

The writ petition stands disposed of.

Urgent certified copy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J.)