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bm Form No. J(2) District: Purba Medinipur IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Appellate Side Present : The Hon’ble Justice Ananya Bandyopadhyay
WPA 2812 of 2019
SOUMEN SARKAR VS.
WBSEDCL & ORS.
Mr. Debabrata Mondal
… for the petitioner Mr. Sujit Sankar Koley … for the WBSEDCL Heard on : 07.05.2025
Judgment on : 11.06.2024
Ananya Bandyopadhyay J.
1. Learned advocate representing the petitioner submitted on the death of the petitioner namely Narendra Nath Sarkar, since deceased, his mother was receiving pension and has been recorded as the nominee of the Late Narendra Nath Sarkar in the service record of the Late Narendra Nath Sarkar, who had been an employee of WBSEDCL and others.
2. It was further submitted, the wife of the employee since deceased, as aforesaid subsequently died on 4th November, 2019. Till the date of death of the wife of the employee of WBSEDCL, the
2 amount of gratuity was not released in favour of the wife as aforesaid on the death of the mother of the present petitioner. The petitioner as well as his sisters had obtained legal heirs certificate from the District Magistrate and Collector.
3. Learned Advocate representing the respondent WBSEDCL did not refute of the contention of the learned Advocate representing the petitioner as far as death of the petitioner was concerned and entitlement of the present petitioner and his sister to the amount of gratuity to be disbursed against the entitlement of the employee of the WBSEDCL, since deceased.
4. The petitioner and his sister are to provide Succession Certificate from a court of competent jurisdiction before the authority of WBSEDCL to disburse the amount of gratuity along with interest as applicable in equal proportion within three months from the date of passing of this order.
5. The writ petition is accordingly disposed of.
6. Urgent Photostat Certified copy of this Judgment, if applied for, be supplied expeditiously after complying with all necessary legal formalities.
( Ananya Bandyopadhyay, J. )