Sub-Divisional Officer & Anr vs Nisi @ Nishi Prodhan & Ors
2023 Latest Caselaw 928 Cal

03.02.2023
Item No.11
Court No.6.
    S. De
                                 FMA 1262 of 2021
                                        With
                               I.A. No. CAN/1/2021
                               I.A. No. CAN/2/2021
                             (CAN 1 of 2021 not in file)

                The Administrators, Berhampore Municipality &
                        Sub-Divisional Officer & Anr.
                                      Vs
                         Nisi @ Nishi Prodhan & Ors.

                      Mr. Probal Sarkar,
                            ...for the writ petitioner/respondents.

Mr. Arindam Das, Ms. Rumeli Sarkar, ...for the Berhampore Municipality.

In re : I.A. No. CAN 2 of 2021.

This is an application for condonation of delay of

317 days in filing the appeal. Causes shown being

sufficient, the delay is conconed.

I.A. No. CAN 2 of 2021 is, accordingly, disposed

of.

In re : I.A. No. CAN 1 of 2021 & FMA 1262 of

2021.

The respondent/writ petitioner whose husband

retired from service on August 31, 2010 and died on

July 5, 2014, had approached the learned Single

Judge with the grievance that upon her husband's

retirement as a Group-D employee in the Berhampore

Municipality, his arrear pension and gratuity was not

paid.

By the impugned judgment and order dated

August 28, 2020, a learned Single Judge directed the

payment of arrear pension and gratuity. The direction

for payment of gratuity was on the Municipality.

Being aggrieved, the Municipality had preferred

this appeal.

Today learned advocate for the respondent/writ

petitioner says that the Municipality has already paid

the entire gratuity amount that was payable to the writ

petitioner.

In that view of the matter, nothing remains in

this appeal. The appeal being FMA 1262 of 2021 is,

accordingly, disposed of along with the application

being I.A. No. CAN 1 of 2021.

It appears that CAN 1 of 2021 is not traceable in

the department. Learned advocate for the appellants

shall supply a photocopy of that application to our

Court Officer by the end of Court hours on February 6,

2023 to be kept with the records.

(Apurba Sinha Ray, J.) (Arijit Banerjee, J.)