Calcutta High Court (Appellete Side)
Ms. Lipika Sarkar @ Lipi Sarkar vs State Of West Bengal & 0Rs on 30 July, 2015
Author: Debangsu Basak
Bench: Debangsu Basak
Sl. July 30,
6. 2015 High Court at Calcutta
Constitutional Writ Jurisdiction
Appellate Side
W.P. 16602 (W) of 2015
Ms. Lipika Sarkar @ Lipi Sarkar
Versus
State of West Bengal & 0rs.
Mr. Swarup Banerjee,
Mr. Srinibash Misra,
...for the petitioner.
Ms. Susmita Biswas Chowdhury,
...for the State respondents.
Mr. Piyush Chaturvedi, ...for the respondent no. 7.
An affidavit of service is filed; let the same be kept on record. The claim of the writ petitioner is that family pension has not been disbursed to her. She refers to an order of this court dated July 24, 2014 passed in an earlier writ petition being W.P. 16797(W) of 2014 filed by her.
The State authorities as well as the private respondent are represented before me.
On behalf of the private respondent, it is submitted that the Additional District Magistrate (Development), Malda, has submitted a report on June 11, 2015 before the District Inspector of Schools (Primary Education), Malda, with regard to the family members left behind by the deceased pensioner. The private respondent should be allowed to raise her objection with regard to the report, as aforesaid, when the District Inspector of Schools concerned has not yet arrived at a final finding in that respect till date.
I have heard the rival contentions of the respective parties and considered the materials made available on record.
The writ petitioner as an heir of a deceased pensioner, who was a primary school teacher, had come to this court by way of a writ petition being W.P. 16797 (W) of 2014 contending, inter alia, that her demand for justice had not been disposed of. By an order dated July 24, 2014, such writ petition was disposed of in presence of the private respondent by directing the District Inspector of Schools (Primary Education), Malda, to ensure that the grievances of the writ petitioner were redressed in accordance with law as expeditiously as possible.
The District Inspector of Schools concerned has not disposed of the grievances of the writ petitioner till date.
In such circumstances, the District Inspector of Schools (Primary Education), Malda, is directed to decide the grievances of the writ petitioner preferably within a period of six (6) weeks from the date of communication of this order to him strictly in terms of the order dated July 24, 2014 passed in W.P. 16797 (W) of 2014.
In so far as the contention of the private respondent that she should be allowed to raise objection with regard to the communication of the Additional District Magistrate (Development), Malda, dated June 11, 2015 is concerned, in my view, the private respondent is bound by the direction contained in the order dated July 24, 2014 passed by this court in the earlier writ petition.
With the aforesaid direction, the writ petition is disposed of without, however, any order as to costs.
Photostat certified copy of this order, if applied for, will be made available to the applicant within a week from the date of putting in the requisites.
( Debangsu Basak, J. ) dns