Bani Das Roy vs High Court Administration & Ors
2022 Latest Caselaw 7692 Cal

64
Court
No. 21   21.11.2022                     WPA 7840 of 2022
G.S.Da
s                                                  [




                                            Bani Das Roy
                                                -Vs-
                                   High Court Administration & Ors.

                      Mr. Rajarshi Dutta
                      Mr. Supratic Roy
                      Mr. Subajit Mukherjee

                                                ... for the petitioner
                      Mr. Shuvayan Banerjee
                                       ... for the private respondent no.6

Mr. Ram Mohan Pal ... for the respondent no.4 Mr. Siddhartha Banerjee Mr. Sudipta Nayan Ghosh Mr. Soumajit Majumder ... for the High Court Administration

The petitioner in this writ petition has prayed

for disbursement of all the death benefits that she

was entitled to upon the death of her husband, who

worked as a Peon under the Judgeship of Learned

Additional District & Sessions Judge, 1 st Court at

Kakdwip.

The deceased husband of the petitioner is also

survived by his second wife and a daughter. The right

of the second wife has been clarified by the Hon'ble

Supreme Court in a judgment reported in (2000) 2

SCC 431 (Rameshwari Devi v. State of Bihar &

Ors.).

The second wife of the petitioner is neither

entitled to family pension or any share in the

retrial/death benefits.

However, the child born from the second

marriage is entitled to a proportionate share.

Pursuant to an advertisement dated September

28, 2022 made in "Sangbad Pratidin" the daughter of

the deceased employee being the Added Respondent

No.6 is also represented.

Mr. Dutta, Learned Counsel, appears for the

petitioner.

Mr. Banerjee, Learned Counsel, appears for the

High Court Administration.

Mr. Pal, Learned Counsel, appears for the

Respondent no.4.

Mr. S. Banerjee, Learned Counsel appears for

the respondent no.6.

Having heard the rival submissions of the

parties and considering the materials placed on

record, this Court feels that there is no impediment in

directing the Added Respondent Nos. 7 & 8 to

disburse the death benefits that the petitioner is

entitled to upon the death of her husband. The

respondent no.4 is to prepare and forward the

necessary papers for such disbursement within four

weeks from date. Upon receipt of such papers, the

respondent nos. 7 & 8 shall disburse the death

benefits to the petitioner within the four weeks

thereof.

Needless to mention that the petitioner is

entitled to only 50% of the death benefits that has

accrued upon the death of her husband.

Since no affidavit has been invited from the

respondent no.1, the allegations contained in the writ

petition are deemed not to have been admitted by

him.

With the aforesaid directions, WPA 7840 of

2022 is disposed of.

All parties to act on a server copy of this order duly

obtained from the official website of the Hon'ble High

Court, Calcutta.

Urgent Photostat certified copy of this order, if

applied for, be supplied to the parties, subject to

compliance with all requisite formalities.

(Lapita Banerji, J.)