Suravi Kumar vs The State Of West Bengal & Ors
2023 Latest Caselaw 7076 Cal

12.10.2023
 SL No.48
Court No.8
    (gc)


                   MAT 1898 of 2023
                    CAN 1 of 2023

                     Suravi Kumar
                           Vs.
             The State of West Bengal & Ors.

                     Mr. Anupam Das,
                     Mr. Soupal Chatterjee,
                     Ms. Sucheta Banerjee
                                         ...for the Appellant.
                     Mr. Biswabrata Basu Mallick, A.G.P.,
                     Mr. Biman Halder,
                                             ...for the State.



               1.

In view of the judgment of the Special

Bench in MAT 1518 of 2019 (The State

of West Bengal & Ors. Vs. Sabita Roy)

dated 20th June, 2023 in which the

reference was answered in favour of the

unmarried and widowed daughter in

Paragraph 19 of the said judgment, the

appellant being the unmarried daughter

would be entitled to the benefit of family

pension as her father died prior to 1st April,

1981 provided the petitioner produced

relevant documents or gave a declaration

as to her legal status to the satisfaction of

the Director of Pension, Provident Fund

and Group Insurance, Finance

Department, Government of West Bengal.

2. The impugned order is set aside.

3. The appeal succeeds.

4. Accordingly, the appeal and the application

stand disposed of.

5. However, there shall be no order as to

costs.

6. Urgent Photostat certified copy of this

order, if applied for, be given to the parties

on usual undertaking.

(Uday Kumar, J.) (Soumen Sen, J.)