Nabin Kumar Bhowmik & Anr vs The Union Of India & Ors
2022 Latest Caselaw 556 Cal

    1                    IN THE HIGH COURT AT CALCUTTA
15.02.2022              CONSTITUTIONAL WRIT JURISDICTION
  sb
   Ct 23                        APPELLATE SIDE
                              (Via Video Conference)
                                    WPA 20941 of 2021

                               Nabin Kumar Bhowmik & Anr.
                                           Vs.
                                 The Union of India & Ors.

                         Mr. Anupam Hait
                                   .... For the petitioners.

                         Mr. Soumya Majumder,
                         Ms. Sanjukta Dutta,
                         Ms. Shagun Baid
                                    ... For the respondent nos. 5 & 6.

The petitioners claim to be the children out of the

second marriage of Narayan Chandra Bhowmik, former

Constable in the Central Industrial Security Force (in

short, CISF). The said Narayan Chandra Bhowmik died-in-

harness on 15th August, 2021. The petitioners say that

being major none of them are entitled to the family

pension but are entitled to proportionate share of the

terminal benefits of their deceased father, Narayan

Chandra Bhowmik. The petitioners have referred to a

document at page 11 of the writ petition which according

to them is the personal details provided by their father to

the employer. It appears from such details that

respondent no. 5, Puspa Rani Bhowmick is the wife of

Narayan Chandra Bhowmik. The respondent no. 6, is a

son who according to the petitioners was born out of the

wedlock between Puspa Rani Bhowmick and Narayan

Chandra Bhowmik, since deceased. The petitioners are

also shown as children of Narayan Chandra Bhowmik.

On behalf of the respondent nos. 5 and 6, it is

submitted that Narayan Chandra Bhowmik had three

children out of the first marriage. Sukumar Bhowmick is

first son out of the first marriage who pre-deceased

Narayan Chandra Bhowmik and has no legal heirs.

According to the said respondents, there is a daughter out

of the first marriage of Narayan Chandra Bhowmik,

namely, Anima Bhowmick. The said respondents

produced a copy of the judgment dated 19th February,

1992, passed in Misc. Case No.154 of 1987 by the learned

Judicial Magistrate, 1st Court, Tamluk. It appears from the

said judgment that maintenance under section 125 of the

Code of Criminal Procedure (in short, Cr. PC) was awarded

to Puspa Rani Bhowmick, respondent no.5 and her three

children. The respondent nos. 5 and 6 say that the three

children are respectively Sukumar Bhowmick, Sukdev

Bhowmick, respondent no.6 and Anima Bhowmick. Anima

Bhowmick is not a party to this proceeding.

In the aforesaid facts and circumstances, I direct

the petitioner to add Anima Bhowmick, daughter of late

Narayan Chandra Bhowmik, a resident of village Ghatual,

P.O. Babatar Hat, P.S. Mahisadal, District - Purba

Medinipur, PIN 721628, as a party respondent, in the writ

petition.

The advocate-on-record for the petitioners is granted

liberty to incorporate the name of Anima Bhowmick with

all particulars as aforesaid in the cause title of the writ

petition within a period of one week from date and serve a

copy of the amended writ petition to Anima Bhowmick. An

affidavit of service to that effect shall be filed on the next

date.

The copies of the amended writ petition shall also be

served on the advocates respectively representing the

respondent no. 1 to 4 and respondent nos. 5 and 6 before

the next date.

Let this matter appear on 2nd March, 2022 for

further consideration.

(Arindam Mukherjee, J.)