IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

APPELLATE SIDE

Present:

The Hon’ble Justice Rai Chattopadhyay

WPA 2293 of 2018

Padmabati Mitra, since deceased substituted by Utpal Mitra,

son and Esha Basu Mullick, daughter

Vs.

Union of India & Ors.

For the Petitioner : Mr. Sudip Deb, ld Senior Adv.

: Mr. Riju Ghosh

: Mr. Sumitava Chakraborty

: Mr. Aranyak Saha

: Ms. Ipsita Ghosh

For the respondents/UOI : Ms. Chandreyi Alam

Judgment on : 08/08/2025

Rai Chattopadhyay, J. :-

(1) The wife of the person deceased has left for heavenly abode and in this writ petition, she has been substituted by her son and daughter. However, for the convenience of discussion, I will mention the petitioner as “she” or “her”. The writ petitioner has initiated this matter to seek relief for the purported tortious liability of the respondent due to the alleged willful delay and negligence in allowing her the appropriate family pension. For this, the petitioner has prayed for in the writ petition inter alia that a writ of mandamus be issued directing the respondents to pay a sum of Rs. 1 Crore, jointly or severally, to the petitioner towards compensation and/or damages

for committing constitutional torts against her.

(2) The instant case has a long and checkered background. Mention of the same is necessary to understand the tenor of grievance agitated by the writ petitioner in the instant case, which is as follows:-

● On October 18, 1982, the husband of the petitioner (now deceased), who was engaged as a Driller in the respondent Geological Survey of India, had died due to an accident. At that point of time, he was posted at Rangpo Drilling Camp (Sikkim) as the Camp-in-charge and according to the writ petitioner, he was travelling in a departmental pick up van bearing No. WB-V-8644, to another State that is to Darjeeling, West Bengal, when the accident took place.

● The accident caused death of seven persons including the husband of the writ petitioner, from amongst whom four were the employees of respondent/Geological Survey of India, including the husband of the petitioner.

● The writ petitioner had applied on October 29, 1982 to the respondent for appointment of her son on compassionate ground due to death of her husband.

● In due consideration of the application filed by the writ petitioner for grant of compassionate appointment to her son in place of his deceased father, the respondent/Geographical Survey of India has appointed the son of the deceased namely Shri Utpal Mitra on compassionate ground.

● Later on, a motor accident claim case No. 34 of 1985 was filed by the present writ petitioner before the Motor Accident Claims Tribunal at Darjeeling. The same was disposed of ex parte and the Tribunal passed an award. The Tribunal has awarded a compensation amounting to the tune of Rs. 2,52,612/- including compensation, interests and cost.

● According to the respondent, and also admittedly, the writ petitioner was granted ordinary family pension as per CCS (Pension) Rules, 1972 with effect from October 19, 1982.

● The petitioner has stated that in the year 2005, she came to know about CCS (Extraordinary) Rules, 1939 and also that she was supposed to get pension under the said Rules of 1939, as her husband died while „on duty‟. After coming to know about the same, she has made several representations demanding the family pension under the Rules of 1939, but in vain.

● The respondent has taken a stand that the husband of the petitioner had not died while “on duty” and hence, would not be eligible for family pension under the CCS (Extraordinary) Rules, 1939.

● The writ petitioner has relied on recording of the Central Administrative Tribunal in the order dated April 26, 2010 passed in OA No. 452 of 2009 which is as follows:-

" 6. The award was granted by the MACC, Darjeeling based on the certificate issued by the Drawing and Disbursing Officer and the deposition of the said officer. (The certificate dated 2.6.1989 Exhibit P/1 was marked before the MACC which is produce