Calcutta High Court (Appellete Side)
In Re: Amalesh Maity And Others vs State Of West Bengal And Others on 9 August, 2010
Author: Patherya
Bench: Patherya
18
W.P. 11857(W) of 2010
9.8.10
.md.
In re: Amalesh Maity and Others
-Vs-
State of West Bengal and Others
Mr. Kamalesh Bhattacharya
Mr. Kamal Mishra
... for the petitioners
Ms. Manisha Mukherjee
... for the State
By this writ petition, the petitioners seek payment
of Death-Cum-Retirement benefits.
The case of the writ petitioners is that they are the
legal heirs and representatives of one Gadadhar Maity.
Pursuant to the retirement of said Gadadhar Maity as a
Panchayat Karmee, he was paid pensionary benefits. He
died on 24th April, 2009 and thereafter the petitioners
became entitled to the benefits. An enquiry was
conducted by the respondent no.6 and it was found that
the petitioners were the rightful legal heirs and representatives of the deceased. Thereafter the report was forwarded to the respondent no.8 and in spite of receipt thereof, no step has been taken.
The Directorate of the Finance Department has no objection to release of such sums in view of the findings of the respondent no.6, but a formal order of the competent authority is required in favour of the legal heirs. It is for lack of issuance of such formal order by the competent authority, namely, the respondent no.8, that 2 the moneys cannot be disbursed to the petitioners. Accordingly, the respondent no.8 is directed to issue a formal order within two weeks from the date of receipt of this order and on receipt of such order the disbursing authority is directed to disburse sums to the petitioners within three weeks thereafter.
With the aforesaid direction, this application is disposed of.
As no affidavit-in-opposition has been filed, the allegations contained in the petition are not admitted.
Urgent certified photocopies of this order, if applied for, be given to the parties subject to compliance with all requisite formalities.
(Patherya, J.)