- (1.) THE petitioner in this WP under art.226 dated July 6, 2012 is questioning a decision of the Financial Adviser & Chief Accounts Officer, Kolkata Port Trust dated August 22, 2011 (WP p.62).
(2.) CLAIMING to be the daughter of one Ali Ahmed, who was working in the Mechanical Engineering Department of Kolkata Port Trust as a Helper Electrician and who retired on April 1, 1996, was given pension and died on April 28, 2005, the petitioner claimed family pension. By a decision dated August 12, 2008 the claim was rejected on the grounds that the petitioner could not establish that she was the daughter of the employee concerned. There is nothing to show that the petitioner questioned the decision of the Port Trust dated August 12, 2008. She, however, moved a WP No.8658(W) of 2011 before this Court under art.226 alleging that though she was entitled to family pension, the Port Trust did not give her the benefit. The WP was contested by the Port Trust that informed the Court that the petitioner had failed to establish that she was the daughter of the employee concerned. This Court disposed of the WP by an order dated June 16, 2011 directing the department concerned of the Port Trust to make an inquiry for ascertaining the correctness of the petitioner's claim and give a decision after hearing her.
(3.) THE Financial Adviser and Chief Accounts Officer, as is evident from the decision, examined all available materials and concluded that the petitioner was not the daughter of the employee concerned of the Port Trust. The officer closely examined the employee's own family declaration dated April 25, 1983 and subsequent declaration dated September 14, 2000. In both the declarations in prescribed form the employee had declared that her daughter Khurshida was 12 years old on April 25, 1983. In ignorance of the employee's own declaration, the petitioner produced a birth certificate showing that she was born on January 2, 1987.;