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2016 Supreme(Cal) 413

NISHITA MHATRE, TAPABRATA CHAKRABORTY
Senjuti Pal – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Subrata Santra.
For the State : Mr. Joytosh Majumder, Mr. Pinaki Dhole, Mr. Soumyajyoti Sen.

JUDGMENT :

Tapabrata Chakraborty J. :

1. The instant writ petition has been preferred challenging a judgment dated 25th June, 2015 passed by the learned Tribunal in OA 1311 of 2014.

2. Shorn of unnecessary details, the facts are that the petitioner’s mother, namely, Chhaya Pal (Raha) was initially appointed on 8th September, 1970 as a staff nurse in West Bengal Nursing Service and she retired on 31st January, 2001. She married one Surendra Nath Pal (respondent no.7) and the petitioner is their daughter and she is still unmarried. The respondent no.7 deserted the petitioner’s mother and married one Abha Rani Kar (Pal) (respondent no.8) on 14th December, 1980. The respondent no.7 was employed as a librarian in ICV Polytechnic at Jhargram and he has presently retired and is enjoying pension. The respondent no.8 was employed at Indian Institute of Technology, Kharagpur and from her matrimonial relationship with the respondent no.7, one male child and one female child were born. After the demise of her mother, the petitioner made an application for grant of family pension on 10th July, 2009, as she was unmarried and totally dependent upon the income of her mother. In the midst thereof, fam































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