Debasish Kar Gupta, J.:— This writ application is filed by the petitioner for a direction upon the respondent no. 2 to release the terminal benefits arising out of one Late Pannalal Dhanuk, ex-sweeper/CH in her favour. The aforesaid Late Pannalal Dhanuk died on August 21, 2010 in-harnes.
It is submitted by the learned counsel appearing on behalf of the respondent nos. 2 to 5 on instruction that by a communication issued under Memo No. MEB/CH/O/SF/PD/18/1675 dated November 14, 2011 the respondent no. 5 asked the petitioner to obtain an order from the competent court of law to prove the marital status of the petitioner. It is submitted by him that a similar letter was issued to the respondent no. 6 who had claimed herself as legally married wife of the aforesaid Late Pannalal Dhanuk. Let a true copy of the above communication be kept on record.
It is submitted on behalf of the respondent no. 6 that she was the legally married wife of the aforesaid Late Pannalal Dhanuk.
The submission made on behalf of the respondent no. 6 is disputed by the learned counsel appearing on behalf of the petitioner claiming that the petitioner was legally married wife of the aforesaid late Pannalal Dhanuk. Therefore, the adjudication of the issue involved in this matter relates to a disputed questions of fact with regard to the identity of the legally married wife of the 17.01.12 rc aforesaid Late Pannalal Dhanuk in favour of whom the terminal benefits would be released. The above dispute cannot be resolved by a Court sitting in writ jurisdiction.
Therefore, this writ application stands dismissed.
There will be, however, no order as to costs.
Urgent photostat certified copy of this order be supplied to the parties, if applied for, subject to compliance with all necessary formalities.
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