Bishnu Pradhan v. The State Of West Bengal And ORS.

23.04.2025 d.p.

Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction W.P.A. 145 of 2025 Bishnu Pradhan -versus The State of West Bengal & Ors.

Mr. Anirban Chakraborty.

...For the Petitioner.

Mr. Anirban Banerjee, Ms. Rima Sarkar.

...For the State.

1.

Affidavit-of-service filed in Court today is taken on record.

2.

One Muna Devi Pradhan was a teacher of a primary school. She retired from service on 31st October, 2009 and expired on 28th March, 2019. The petitioner, claiming to be the husband of the teacher, has filed the instant writ petition annexing an illegible copy of the Pension Payment Order allegedly issued in favour of his deceased wife.

3.

Prayer has been made by the husband of the teacher seeking refund of the money which was allegedly deposited by the teacher in the year 2016 on account of excess salary drawn by her.

4.

On a perusal of the writ petition, it appears that the teacher was alive for more than ten years after her retirement. During her lifetime she never made any application before the authority seeking refund of the money which was paid by her. After her death, the husband has come forward with a prayer seeking refund. The said prayer cannot be accepted by the Court.

5.

The writ petition fails and is hereby dismissed.

6.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)