Sub-Divisional Officer & Anr vs Doli @ Doly Sarkar & Ors
2023 Latest Caselaw 941 Cal

03.02.2023
Item No.20
Court No.6.
    S. De
                                  FMA 1333 of 2021
                                         With
                                I.A. No. CAN/1/2021
                                I.A. No. CAN/2/2021
                               (Both CANs not in file)

                The Administrator, Berhampore Municipality &
                       Sub-Divisional Officer & Anr.
                                     Vs
                         Doli @ Doly Sarkar & Ors.

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

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

The respondent/writ petitioner whose husband

died in service on May 26, 2012 as a Group-D

employee in the Berhampore Municipality, had

approached the learned Single Judge with the

grievance that upon her husband's death, 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 1333 of 2021 is,

accordingly, disposed of along with the applications

being I.A. No. CAN 1 of 2021 and I.A. No. CAN 2 of

2021.

It appears that CAN 1 of 2021 and CAN 2 of

2021 are not traceable in the department. Learned

advocate for the appellants shall supply photocopies of

those applications 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.)