Sudip Kanti Naskar v. State Of West Bengal And ORS.
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction Appellate Side W.P.A. 24382 of 2022 Sudip Kanti Naskar VS The State of West Bengal & Ors.
Mr. Anindya Bose Mr. Diptendu Mondal Mr. Nikhil Gupta ..... for the petitioner Mr. Ranjan Saha ... for the State Two affidavits of service filed in Court today, Court No. 22 23.11.2022 (Item No. 17) (AB) are taken on record.
None appears for the respondents, nor any accommodation has been sought for.
Mr. Ranjan Saha, leaned advocate is present in Court, who normally appears in this type of matters. Mr. Saha, learned advocate is requested to appear in this matter and hold the brief. His appearance is directed to be regularized by the office of the learned Government Pleader forthwith.
The petitioner claims to be a handicapped son of the deceased employee late Niranjan Naskar, who was an Assistant Teacher at respondent No. 7 School. The petitioner claims family pension on account of his deceased father. The petitioner claims that all the legal heirs of the deceased father had given their respective "No Objections" in favour of the petitioner to draw the said family pension. Drawing attention to page 28 to the writ petition, the learned advocate for
the petitioner submits that, the respondent No. 6 already sent its recommendation before the respondent No. 3 for taking necessary steps in the matter. The said recommendation was made on December 20, 2016. The petitioner claims that since then it had not received any attention of the respondent No. 3.
Considering the submissions made on behalf of the writ petitioner and the materials on record, the respondent No. 3 is directed to take a reasoned decision on the basis of the said recommendation of the respondent No. 6 available at page 28 of the writ petition along with all other necessary records and documents pertaining thereto. The respondent No. 3 shall give at least seven days prior hearing notice to the petitioner and then after granting him an opportunity of hearing shall pass its reasoned order on the issue. The respondent No. 3 shall also give notice to the respondent No. 7 School to participate in the hearing and whatever necessary documents and records are necessarily to be produced by the respondent No. 7 it shall do the needful without any delay.
The respondent No. 3 shall ascertain whether any rival claim is there in any manner in respect of the claim on account of the family pension of the deceased father of the petitioner and the respondent
No. 7 shall also apprise on this score to the respondent No. 3.
The entire exercise as directed above, shall be carried out and completed by the respondent No. 3 positively within a period of eight weeks from the date of communication of this order. The respondent No. 3 shall communicate its reasoned decision/order to the petitioner and the respondent Nos. 6 and 7 within a further period of two weeks from the date of such reasoned order to be passed.
It is made clear that, this Court has not gone into the merit of the claim of the writ petitioner in any manner. The petitioner shall be at liberty to urge whatever points are available to him along with the necessary documents and papers he wishes to rely upon. Similarly, the School authority shall also be at liberty to rely upon whatever documents and records it wishes to rely upon before the respondent No. 3. Since affidavits are not called for, the allegations made in the writ petition are deemed not to have been admitted by the respondents.
It is further made clear that, this order shall not create any equity in favour of the petitioner, if he is not otherwise eligible to receive the claim. On the above terms, this writ petition being WPA 24382 of 2022 stands disposed of.
There shall, however, be no order as to costs.
Urgent certified photo copy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.
(Aniruddha Roy, J.)