Daibaki Maity v. State Of West Bengal And ORS.

Sl. No.78 04.07.2022 Court No.24 B.M.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 68 of 2021 Daibaki Maity v.

The State of West Bengal & Ors.

Mr. Anil Kumar Chattopadhyay ... for the petitioners The petitioner claims to be a widow more than 75 years of age. According to the petitioner she was entitled to receive certain amount under the Indira Gandhi National Old Age Pension Scheme.

The petitioner claims that money used to be credited in the account maintained in the Paikbheri Post Office bearing A/c No.589333. She received some amount in the month of November, 2010 but all on a sudden her pension stopped since November, 2014. The petitioner filed representation before the District Magistrate, Purba Medinipur, Sub Divisional Officer, Egra, Block Development Officer, Block Bhagabanpur-I and the Pradhan, Simulia Gram Panchayat on 22nd July, 2020.

Learned advocate for the petitioner submits that after service of a copy of the writ petition upon the respondent authorities her pension in the said scheme

has been restored. The petitioner prays for clearing her arrear dues.

None appears on behalf of the respondents to oppose the prayer of the petitioner. In the absence of the respondents it is not possible for the Court to decide the issue conclusively.

The present writ petition is accordingly disposed of by directing the Block Development Officer, Bhagabanpur-I Block, being the respondent no.3 herein, to consider the representation filed by the petitioner on 22nd July, 2020 strictly in accordance with law, at the earliest, but positively within a period of eight weeks from the date of communication of this order.

The aforesaid respondent shall pass a reasoned order and communicate the same to the petitioner immediately thereafter.

The petitioner is directed to forward a copy of the representation dated 22nd July, 2020 and all other supporting documents to the aforesaid respondent at the time of communicating the order of the Court. It is made clear that this Court has not entered into the merits of the claim of the petitioner and all points are left open to be decided by the aforesaid respondent at the time of taking a decision with regard to a representation filed by the writ petitioner. The writ petition stands disposed of.

Affidavit of service filed in Court be taken on record.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)