Pravati Mandal vs Union Of India & Ors
2023 Latest Caselaw 4485 Cal

   18.
25.7.2023
   S.D.

                                   W.P.A. 16024 of 2023

                                    Pravati Mandal
                                           Vs.
                                  Union of India & Ors.

                   Mr. Manoranhan Jana
                   Mr. Radhasyam Maiti
                                              ..For the Petitioner

                   Mr. Siddhartha Lahiri
                   Mr. Narendra Prasad Gupta
                                ...For the Respondent Nos. 1 and 2

The petitioner's husband was working as a permanent

employee with the Kolkata Port Trust. The petitioner's

husband died on December 5, 2022. Thereafter, the petitioner

prayed for payment of family pension in her favour by a

representation dated January 21, 2023 before the Chairman,

KPT. The grievance of the petitioner is that such

representation has not been considered till date.

Mr. Jana, learned counsel appearing on behalf of the

petitioner submits that by a judgment dated July 25, 2014

passed by the District Magistrate (1st class), Kakdwip under

Section 125 of the Code of Criminal Procedure, the petitioner's

right to be maintained as the wife of the deceased employee

has been recognized. Therefore, family pension should have

been granted in her favour.

Mr. Lahiri, learned counsel appearing on behalf of the

Port Trust submits that the subsequent events from 2014

onwards are not brought on record and, therefore, it cannot be

stated with certainty that the petitioner is not a divorced wife

of the deceased employee.

Considering the rival submissions of the parties and the

materials placed on record, this Court is of the view that the

representation for family pension and other terminal benefits

dated January 21, 2023 shall be disposed of by a reasoned

order to be passed by the Chairman/the respondent no. 2,

upon giving an opportunity of hearing to the petitioner and all

other interested parties, within four weeks from date.

Such reasoned order shall be communicated to the

petitioner within two weeks thereafter.

With the directions aforesaid, W.P.A. 16024 of 2023 is

disposed of.

Since no affidavits have been directed to be exchanged

in the present writ petition, all the allegations contained in the

petition are deemed not to have been admitted by the parties.

All parties shall act on the server copy of this order

duly downloaded from the official website of this Court.

Urgent certified copy of this order, if applied for, be

given to the parties upon compliance of all the formalities.

(Lapita Banerji, J.)