Lakshman Chandra Mandal v. The State Of West Bengal And ORS.

13.11.2024 Ct. No. 18 adeb W.P.A. 25763 of 2024 Lakshman Chandra Mandal Vs.

The State of West Bengal & Ors.

Mr. Mohon Kumar Sanyal Mr. Dwipayan Sanyal ..for the petitioner Affidavit of service filed on behalf of the petitioner is taken on record.

In spite of service of notice respondents are not represented.

By presenting this writ petition, inter alia, petitioner being a retired teacher has expressed concern relating to release of family pension in favour of his son having disability, if situation so arises in future. From the submission made by the learned advocate representing the petitioner it appears that the petitioner retired on superannuation on 30th May, 2003 and he is in receipt of pension regularly. Wife of the petitioner is still alive. Therefore, in future in an appropriate situation wife of the petitioner is also entitled to receive family pension in the event petitioner predeceases his wife. After demise of petitioner and his wife question would arise for settling family pension in

favour of the son of the petitioner having disability, if he is otherwise eligible.

Therefore, at this stage this Court finds that the writ petition is premature since prayer is made for giving direction in order to ensure settlement of family pension case of the son of the petitioner.

Hence, the writ petition stands dismissed.

There shall be no order as to costs.

Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)