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CALCUTTA HIGH COURT
Gaurang Kanth, J
Sampa Dey – Appellant
Versus
Kolkata Municipal Corporation – Respondent
| Table of Content |
|---|
| 1. facts of the case regarding pension application based on marital status. (Para 2 , 3) |
| 2. arguments related to eligibility for family pension based on marital status. (Para 4 , 5) |
| 3. court's observations on the standard of review regarding family pension eligibility. (Para 6 , 7) |
| 4. conclusion directing remand for fresh consideration of pension claim. (Para 8 , 9) |
1. Exception in the form of affidavit filed by the petitioner against the report is taken on record.
2. The petitioner has preferred the present writ petition, being aggrieved by the communication issued by the respondent corporation whereby her application for grant of family pension was rejected on the ground that the benefit of family pension of Late Sandhya Das (Dey) cannot be extended to the petitioner as she was married on the date of death of her mother, and subsequently, got divorced after a period of three years thereafter.
3. The case of the petitioner is that her late mother was a permanent employee of respondent Corporation and she passed away on 12.12.2020. Although the petitioner was married at the time, she was entirely dependent on her mother during her lifetime. The petitioner’s marriage was
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