MRS. SAPTAMI KARMAKAR Vs. STATE OF WEST BENGAL & ORS
LAWS(CAL)-2016-7-8
HIGH COURT OF CALCUTTA
Decided on July 15,2016

Mrs. Saptami Karmakar Appellant
VERSUS
State Of West Bengal And Ors Respondents

JUDGEMENT

SUBRATA TALUKDAR, J. - (1.) In this writ application the petitioner claims compassionate appointment against the service of her deceased husband. By way of a brief recapitulation of the facts involved, it is first relevant to mention that the deceased husband of the petitioner was employed as an Assistant Teacher of a Higher Secondary School in the District of Purulia.
(2.) The marriage between the couple was solemnized on 3rd of August, 2000 in terms of Hindu rites and customs. Her husband, Dinobandhu Karmakar, died on 21st October, 2001 which, according to the petitioner was a suicide. After the death of her husband, his mother lodged a criminal complaint against the petitioner on 25th October, 2001 was registered as Manbazar Police Station Case No. 28 of 2001 under Sections 306/34 of the Indian Penal Code.
(3.) The trial in the Sessions Case No. 331 of 2005 arising out of the above noted complaint resulted in a judgment and order of acquittal qua the petitioner along with other co -accused dated 31st July, 2010 passed by the 3rd Additional Sessions Court, Purulia. Pursuant to her acquittal the petitioner filed a writ petition before this Hon'ble Court being WP 4144(W) of 2013 claiming the death -cum -retiral benefits of her deceased husband along with the family pension. The said writ application was decided by an Hon'ble Single Bench vide its order dated 9th of July, 2013 directing the competent State Authority to consider and dispose of the claim of the writ petitioner. Pursuant to the solemn order of the Hon'ble Single Bench dated 9th of July, 2013, the competent State Authority granted the retiral benefits of her late husband in favour of the petitioner along with the monthly family pension. The pleadings in support of the above noted facts are stated at paragraph 6 of the present writ application.;


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