Authority: Calcutta High Court (Justice Reetobroto Kumar Mitra)
Order Date: 21 July 2026
Case Overview
- Petition: Smt. Tripti Thakur filed WPA 15279 of 2026 against the State of West Bengal, WBSEDCL and others, claiming she is the lawful wife of the deceased employee Bablu Thakur and entitled to his terminal benefits.
- Respondents No. 6‑8 also claim heirship; Respondent No. 6 asserts he is another wife of Bablu Thakur and thus eligible for the benefits.
- An earlier writ petition was disposed on 29 January 2025, directing authorities to conduct an enquiry to determine which of the two wives should receive the pensionary benefits.
- The enquiry, despite efforts, could not reach a conclusive finding regarding the status of the petitioner and Respondent No. 6.
- A parallel civil suit, Title Suit No. 147 of 2015, is pending before the Civil Judge, Junior Division, Kalyani, Nadia, seeking a declaration of the petitioner’s rights; Respondent No. 6 has filed a counter‑claim in that suit.
- The present writ petition seeks to set aside the civil suit proceedings, arguing that the writ court should dismiss the pending civil case.
- The High Court observed that the civil suit, ongoing since 2015, must first determine the rightful heir before any terminal benefits can be released, and the writ court lacks jurisdiction to dismiss those civil proceedings.
Final Outcome
- The writ petition is dismissed in its entirety.
- No order as to costs is made.
- Parties may obtain an urgent certified photostat copy of the order upon providing the usual undertakings.
Topics: Court Proceedings, Employee Benefits