Shyam Sundar Kuity (Thanadar) vs State Of West Bengal & Ors
2021 Latest Caselaw 451 Cal

21-01-2021 ct no. 13 Sl.73 sp

WPA 249 of 2021

Shyam Sundar Kuity (Thanadar)

-Versus-

State of West Bengal & Ors.

(Via Video Conference)

Mr. Arindam Sen, Mr. Sandeep Prasad Shaw ...for the petitioner Mr. Joytosh Majumder, ld. G.P., Mr. Raja Saha, Mrs. Kakali Samajpati ...for the State

The petitioner claims that he is an

adopted son of a deceased employee of the BDO,

Midnapur Sadar Block, Paschim Medinipur

called Shyam Sundar Kuity (Thanadar). He

claims family pension on account of the

deceased.

Apart from the fact that it is highly

questionable as to whether the petitioner by

reason of any family settlement, decree or

probate can seek pension on account of a

deceased Government employee. This Court is

of the view that the matter is within the

jurisdiction of the State Administrative Tribunal.

The petitioner may approach the tribunal

on the self-same cause of action within a period

of one month from date.

With the aforesaid observation, the writ

petition is dismissed with liberty reserved to the

petitioner as above.

There shall, however, be no order as to

costs.

Urgent photostat certified copy of this

judgment, if applied for, be given to the parties

upon compliance of all formalities.

(Rajasekhar Mantha, J.)