Smt. Joytara Das vs State Of Tripura And Others
2024 Latest Caselaw 1484 Tri

Tripura High Court

Smt. Joytara Das vs State Of Tripura And Others on 6 September, 2024

Author: T. Amarnath Goud

Bench: T. Amarnath Goud

                           HIGH COURT OF TRIPURA
                                 AGARTALA

                                WP (C) 557 of 2024

Smt. Joytara Das
                                                                                ........Petitioner(s)
                                           Versus
State of Tripura and others
                                                                               .......Respondent(s)

For Petitioner(s)                     : Mr. K. Deb, Advocate
                                        Mr. V. Deb, Advocate

For Respondent(s)                     : Mr. Kohinoor N. Bhattacharya, G.A.
                                        Ms. R. Chakraborty, Advocate


              HON'BLE MR. JUSTICE T. AMARNATH GOUD

                                          ORDER

06.09.2024

Heard.

[2] The present petition has been filed under Article 226 of the Constitution of India by the petitioner seeking the following reliefs:

                    "i.     Issue a rule NISI.

                    ii.     Issue rule calling upon the Respondents and each one of them to

show cause as to why a Writ of Mandamus and/or in the nature thereof shall not be issued, mandating/directing the Respondents to release/pay the proportionate i.e. 1/3rd share of service benefit to the Petitioner accrued on the death of her deceased namely Pradip Kumar Das died while in service of Havilder (Operation);

iii. Issue rule upon the Respondents and each one of them to show cause as to why a Writ of Mandamus and/or in the nature thereof shall be not be issued mandating/directing the Respondents to provide the details of the service benefit accrued on the death of the son of the Petitioner.

iv. Issue Rule calling upon the Respondents and each one of them a writ in the nature of Certiorari shall not be issued quashing cancelling/setting aside the communication 19.10.2022, whereby and where under the legitimate claim of the Petitioner for extending 1/3rd service benefit of her deceased son was denied solely on the ground that the Respondent No.4 was made the nominee in the service book of the deceased son of the Petitioner and direct that 1/3rd of the service benefit to be extended to the unfortunate mother petitioner.

V. Call for the records appertaining to this petition..........."

[3] It is seen from the record that the petitioner made a representation to the concerned respondent with regard to her claim on 03.01.2023 but, till now, the same has not been attended by the concerned respondent.

[4] In view of the above, without going into the merits of the case, this writ petition is disposed of giving liberty to the petitioner to approach the concerned respondent by filing relevant documents, evidence or judgment of law etc. in support of her case. On receipt of the same, the concerned authority shall decide the case of the petitioner in accordance with law and pass appropriate order as expeditiously as possible, preferably within a period of two months. It is made clear that till the decision is taken by the concerned authority, no amount shall be disbursed.

With the above direction, the present writ petition is disposed of. As a sequel, miscellaneous application(s), pending if any, shall also stand closed.

                                                                                                   JUDGE




Sabyasachi. G.


 RAJKUMAR        Digitally signed by RAJKUMAR
                 SUHANJIT SINGHA

SUHANJIT SINGHA Date: 2024.09.10 12:44:55 +05'30'