Smt Sailabala Sarkar v. State Of West Bengal And ORS.

19.04.2022 AK Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction W.P.A 716 of 2022 Smt. Sailabala Sarkar -versus The State of West Bengal and others Mr. Arijit Ghosh ...For the Petitioner.

Mr. Bikramaditya Ghosh Mr. Momenur Rahman ...For the State.

Although an objection has been raised on the jurisdiction aspect of the present writ petition, this court is of the view that since the petitioner is a resident of Jalpaiguri, the writ petition should be entertained on that basis.

The petitioner, as the widowed mother of her deceased son, claims death-cum-retirement benefits which were due to her son as a Government employee employed by the concerned Gram Panchayat. The petitioner's son was the Executive Assistant at the Jamalpur Gram Panchayat, Dakshin Dinajpur, at the time of his death.

Learned counsel submits that the petitioner's daughter-in-law and the petitioner's granddaughter are the two other legal heirs of her deceased son. It appears

that the petitioner made several representations to the concerned authorities including to the District Panchayat and Rural Development Officer, Dakshin Dinajpur and to the Block Development Officer on 6th January, 2022 including other letters written on 30th July, 2021 and 1st December, 2021. None of these communications were replied to by the respondents. The petitioner deserves a consideration and at least a response from the concerned authorities. This court is hence of the view that the respondent no.

4 who is the material respondent in the case, being the District Panchayat and Rural Development Officer, Dakshin Dinajpur, should be directed to consider and dispose of the letter written on behalf of the petitioner to the said respondent as well as to several others on 6th January, 2022 by way of a reasoned order after hearing the petitioner and the other legal heirs of the deceased son of the petitioner. The reasoned order should be passed within a period of four weeks from today and the copy of the reasoned order shall be made available to the petitioner within a week from the date on which such order is passed.

Needless to say, that entitlement of the petitioner and the other legal heirs of the deceased Pradip Sarkar, shall be determined in accordance with the relevant statutes and notifications in relation to the death-cum-

retirement benefits and pension of a deceased Government employee.

WPA 716 of 2022 is disposed of in terms of the above.

(Moushumi Bhattacharya, J.)