SIPRA MUKHERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this appeal the order under challenge is dated 2nd July 2012 whereby the writ petition was dismissed on two grounds whereby the preliminary objection raised was upheld and writ petition dismissed.

(2.) Counsel for the appellant submits that the only issue that needs to be considered is whether the appellant herein would be entitled to recover the amount deducted on account of overdrawal of salary from the gratuity payable to her.

(3.) The order under appeal in so far as it has held that the only person who could have been aggrieved is the Teacher is an error in law as the legal heir and representative of the employee is entitled to pension and the benefits of gratuity. Therefore, the order dated 2nd July 2012 be set aside.