JAYANTA KUMAR BISWAS, J. - (1.) The petitioner in this Article 226 petition dated March 3, 2009 is questioning the undated decision of the Officer-on-Special Duty, K.M.W. and S.A., a copy whereof was forwarded to her by the Personnel Officer, K.M.W. and S.A. by his memo dated December 11, 2008, Annexure P-3 at p.80.
(2.) The petitioner and the third respondent, Snehalata Biswas, both claim that they were legally married to one Sunil Kumar Biswas. Sunil was working in Kolkata Metropolitan Water and Sanitation Authority (in short K.M.W. and S.A.) as Fero Printing Operator, Grade I (p.65). Having reached the age of superannuation he retired from service on June 30, 2003 (p.54). His pension was sanctioned from July 1, 2003 (p.65). He died on November 23, 2003 (p.50). After his death both the petitioner and Snehalata claimed right to family pension.
(3.) The petitioner claimed that Sunil nominated her to receive his service benefits. She applied for succession certificate before the District Delegate, Tehatta in Nadia. Her petition was registered as Succession Certificate Case No. 38 of 2005. By an order dated July 24, 2006 the district delegate issued the succession certificate. Snehalata's case is that having reached an out of court settlement she did not contest the succession certificate case. Alleging inaction on the part of K.M.W. and S. A. the petitioner moved W.P. No. 1486 of 2008 under Article 226.;