Chandra Das v. Union Of India And ORS.

20.12.2022

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION (sanjay) Ct 21 APPELLATE SIDE WPA 26456 of 2022 Smt. Chandra Das Vs.

Union of India & Ors.

Mr. Aniket Mitra .... For the petitioner. Affidavit of service filed in Court today be retained with the records.

In this writ petition the petitioner prays for the death benefits along with family pension due to the death of her husband on May 29, 2019. The petitioner's husband was a Ticket Collector in Eastern Railway, Sealdah Division. The petitioner lives her life by begging and her son is 100 per cent visually impaired. The petitioner has made representations on December 24, 2020 and also on February 8, 2022.

The Assistant Personnel Officer for and on behalf of the Senior Divisional Personnel Officer, Eastern Railway, Sealdah has written to the petitioner on December 28, 2020 and on September 21, 2022 requiring the petitioner to submit the designation of her husband along with the date of retirement, department from which her husband retired along with the Pension Payment Order (PPO) number to identify the ex-employee. Admittedly, the petitioner was not able to provide such details.

Despite service no one appears on behalf of the respondents.

In the circumstances, this Court directs the representations of the petitioner dated December 24, 2020 and February 8, 2022 be considered and disposed of within a period of eight weeks from date as per the extant rules and policies of the employer/Railway authorities by the Assistant Personnel Officer, respondent no.3. Let the order be communicated to the petitioner within two weeks of passing thereof.

Since no affidavits have been directed to be exchanged in the said writ petition, all the allegations contained therein, are deemed not to have been admitted by the parties.

With the aforesaid directions, the writ petition, being WPA 26456 of 2022, is disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Hon'ble Court.

Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance of all necessary formalities.

(Lapita Banerji, J.)