Entitlement of Pension an Elementary Source of Sustenance: Calcutta High Court

Facts of the Case

The Petitioner claimed to be the unmarried daughter and sole surviving heir of late Nani Gopal Ghose (deceased), ex-member of the West Bengal Commercial Taxes Tribunal and applied for the pension scheme for which she purported to send certain documents to the Deputy Secretary (Technical) directly albeit through the Registrar of West Bengal Commercial Taxes Appellate & Revisional Board.

Thereafter, the Deputy Secretary (Technical) to the Government of West Bengal upon receipt of the said documents from the Registrar was directed to send a suitable recommendation and/or communication to Respondent no. 4 i.e. the Accountant General (A & E), West Bengal. Thus, the Petitioner filed the instant petition for the expeditious disposal of the matter before this Court.

Arguments Advanced

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The Respondent pleaded that since the deceased employee was employed under the Government of West Bengal, thus, the petitioner ought to apply before the State Administrative Tribunal, West Bengal and not before the present court.

Court’s Observation

The Hon’ble Justice Rajasekhar Mantha observed that though the argument put forward by Respondent no. 4 was sustainable, but the prayer made by the Petitioner was for a pension that involved the elementary source of sustenance. Hence, the Court held that directing the Petitioner to the Tribunal for such a matter of urgent intervention would be unjust and inequitable and thus, the writ petition was allowed to be entertained.

Judgment

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The Hon’ble Court allowed the instant writ petition and directed that the Deputy Secretary (Technical) to the Government of West Bengal and the Registrar, West Bengal Commercial Taxes Appellate & Revisional Board should take expeditious and urgent steps to ensure any entitlement of the Petitioner as per the law.

Click here to view full judgment.


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