Smt. Shipra Chakraborty vs Managing Director
2023 Latest Caselaw 440 Tri

                        HIGH COURT OF TRIPURA
                              AGARTALA

                               WP(C) 316/2023

 Smt. Shipra Chakraborty                        ................... Petitioner(s)

                                   Versus

 Managing Director, Tripura State Electricity Corporation Ltd.
 and 3 others                         ............... Respondent(s)

 For Petitioner(s)         :      Mr. DC Roy, Advocate.

 For Respondent(s)         :      Mr. T.K. Choudhury, Advocate.

 Date of hearing and
 delivery of judgment
 and order                 :      22.05.2023.

 Whether fit for reporting :      Yes/No


                     HON'BLE MR. JUSTICE T. AMARNATH GOUD

                               Judgment & Order (Oral)

This is a petition under Article 226 of the Constitution of India filed by the petitioner for issuing a direction upon the respondents for payment of pensionary benefits to the petitioner for her deceased husband Dulal Chakraborty.

[2] The brief facts enumerated in the petition of the petitioner are that the petitioner is the wife of late Dulal Chakraborty who was a Khalashi in the office of the Respondent No.2 i.e. The Deputy General Manager, Tripura State Electricity Corporation Ltd., Kumarghat Division, Kumarghat, Unakoti, Tripura. Said Dulal Chakraborty died on 12.12.2018 while he was in service leaving behind the petitioner (wife), his four daughters and a son. After the death of Dulal Chakraborty, the petitioner applied for family pension and other benefits but the respondent, even after expiry of more than 4 years, neither paid any pension nor provided any other benefits to the petitioner. The petitioner prayed for allowing pension by submitting prayer to the respondent(s), but no pension has been paid till date.

[3] Being aggrieved, the petitioner has approached this court for the following reliefs:

(a) Admit the writ petition.

(b) Issue notice to the respondent(s).

(c) Call for the records from the custody of respondents.

(d) After hearing both the parties, to direct the respondent(s) to pay all the pensionary benefits to the petitioner.

[4] Heard Mr. DC Roy, learned counsel appearing for the petitioners. Mr. T.K. Choudury, learned counsel appears for the respondent(s).

[5] Having considered the submissions as advanced by the learned counsel appearing for both the parties and without expressing any opinion on merits of this case, the present writ petition stands disposed of directing the respondents to consider the case of the petitioner in the light of the prayers submitted on 06.06.2022 and 20.03.2023 before the respondents within a period of 3(three) months from the date of receipt of the copy of this order.

[6] Accordingly, present petition stands disposed of. As a sequel, miscellaneous application pending, if any, shall stand closed.

JUDGE

Sabyasachi G.