KAMALA BANERJEE Vs. UNION OF INDIA

JUDGEMENT

(1.) By the present writ petition, the petitioners have inter alia prayed for a declaration that the respondents had failed to act in accordance with law and the principles of natural justice, a writ in the nature of mandamus commanding the respondents to recall the decision impugned in the writ petition and to release the amount of arrear pension and for other reliefs. The case of the petitioners, inter alia, is that one Sankar Prasad Banerjee was an employee of the Kolkata Port Trust, i.e. respondent no. 2 herein, and he died after his retirement leaving behind his wife and four sons. The petitioner no. 1 is the widow and the petitioner no. 2 is the youngest son of the said deceased employee.

(2.) The respondent no. 4 had issued a letter intimating the petitioner no. 1 that an amount of Rs.52,385/- has been raised in favour of her deceased husband on account of arrear pensions. She applied to the Office of the Administrator General, West Bengal for issuing a succession certificate in her favour and a succession certificate was issued.

(3.) The petitioners had produced the said succession certificate. A copy of the said succession certificate was sent to the respondent no. 4 with a request to release the arrear pension. The petitioners allege that they had visited the Office of the respondent no. 4 many times but the respondent no. 4 neither replied to their letter nor did he release the arrear pensions. Finding no other alternative, the petitioner no. 1 sent a notice demanding justice through her learned Advocate. The respondent no. 4 now requested the petitioners to produce a succession certificate from the Court of law.