W.P. 30094 (W) of 2017
Master Asmit Das
The State of West Bengal ors.
Mr. Arup Kr. Mondal
…for the petitioner
Mr. N. C. Bihani,
Ms. Anuradha Sengupta
…for the Burdwan University
The petitioner, being a minor and represented by his mother
has filed this writ petition for obtaining appropriate direction
upon the Vice-Chancellor of the Burdwan University to release all
death-cum-retirement benefits of his deceased father in his
favour. During the lifetime of his father, the marriage between
mother of the petitioner (claiming to the natural guardian of the
petitioner) and his father stood dissolved by a decree passed by
the competent Court.
However, Mr. Bihani, learned advocate appearing for the
respondent nos.4 and 5, i.e. the Vice-Chancellor and the
Secretary, Finance Department of the Burdwan University
produced a notice issued by an advocate to the University
alleging that the grand-mother of the petitioner (the mother of his
deceased father) has since died, leaving behind three daughters,
one son and the petitioner himself as her heirs and legal
representatives. It is further alleged that the mother of the
petitioner has also filed an application under the Guardian and
Wards Act, 1890 before the competent civil Court claiming
guardianship of the present petitioner, which is pending disposal.
Considering these facts, I am of the view that there is no scope
for passing any ad interim order in this application.
The petitioner is directed to implead the other heirs and legal
representatives of his deceased grand mother and serve a copy of
this writ petition on them. After the remaining heirs and legal
representatives of the deceased grand mother of the petitioner are
impleaded, the copies of the writ petition shall be served upon
Let this application appear, after four weeks to ascertain if the
petitioner has, in the meantime, complied with the above
It is, however, made clear that if the other heirs and legal
representatives of the deceased grand mother of the petitioner
remain unrepresented on the next date of hearing, this
application may be decided in their absence.
(Ashis Kumar Chakraborty, J.)