Tapati Panda & Ors vs The State Of West Bengal & Ors
2023 Latest Caselaw 1624 Cal

13.03.2023           IN THE HIGH COURT AT CALCUTTA
  DL-3             CONSTITUTIONAL WRIT JURISDICTION
   (PP)                   APPELLATE SIDE

                          WPA 28179 of 2022

                          Tapati Panda & Ors.
                                 Vs.
                     The State of West Bengal & Ors.


                  Ms. Suman Sehanabis,
                  Ms. A Sinha
                                                ....for the petitioners.

                  Mr. Rajat Dutta
                                                       ....for the State.

                  Mr. Avijit Tewary
                                  ....for Provident Fund Authority.

                  Ms. Sonal Sinha,
                  Ms. Kakali Naskar
                                                       ....for WBMICL.


                  Affidavit of service filed in Court today be

             retained with the records.

                  The petitioner no.1 claims to be the wife and the

             petitioner nos. 2 and 3 claim to the sons of a

             deceased   employee    of    the   West    Bengal   Minor

             Irrigation Corporation Limited (WBMICL).        Upon the

             death of the first wife of the deceased employee, he

             married the petitioner no.1. The deceased employee

             had two sons from his first marriage. Out of the said

             two sons, one son has already passed away.            The

             second son has been made a party and is private

             respondent no.7. As per the nomination form filed by

the deceased employee his two sons from the first

marriage were entitled to his death/retiral benefits.

The petitioners have prayed for disbursement of

provident fund dues, family pension and other

death/service benefits of the deceased employee.

Pursuant to a judgment and decree dated June

30, 2018 passed by the learned Civil Judge (Junior

Division), Haldia in Title Suit No.132 of 2010, the

petitioner no.1 has been declared to be legally

married wife and the petitioner nos. 2 and 3 have

been declared to be the heirs of the deceased

employee, being his sons. It was also declared that

the petitioners herein/plaintiffs in T. S. 132 of 2010

were entitled to proportionate share of the death

benefits of the deceased employee. The

defendants/sons from the previous marriage were

restrained from misappropriating the proportionate

share of the plaintiffs' share in the death benefits.

Ms. Sehanabis, learned counsel appearing on

behalf of the petitioners submits that despite several

representations, the death benefits have not been

paid to the petitioners in their proportionate share.

Mr. Tewary, learned counsel appearing on behalf

of Provident Fund authorities submits that the

entirety of the provident fund dues have been

disbursed in favour of the two nominees of the

deceased employee on or about March 11, 2013. The

written instruction handed over in Court today to the

said effect is retained with the records.

Since the entirety of the provident fund dues

have already been disbursed to the nominees, no

claim is maintainable by the petitioners against the

authorities in writ proceedings. However, since the

petitioner no.1 has been declared to be a legally

married wife of the deceased employee, she is entitled

to family pension.

Ms. Sinha, learned counsel appears on behalf of

WBMICL. She submits that necessary instructions

have to be taken regarding the disbursement of family

pension in favour of the petitioner no.1.

Let such process of disbursement of family

pension be commenced immediately if not already

commenced.

Let the matter appear for further consideration

on May 1, 2023 under the same heading "Motion".

All parties shall act on the server copies of this

order duly downloaded from the official website of

this Hon'ble Court.

(Lapita Banerji, J.)