Mallika Bera v. State Of West Bengal And ORS.

06.06.2022.

Item No. 10.

Court No.13 pk W.P.A. No. 532 of 2022 Smt. Mallika Bera

Versus

State of West Bengal and others Mr. Chittapriya Ghosh, Ms. Priyanka Saha, Mr. Kamal Singh ...For the petitioner.

Ms. Sanghamitra Nandy, Mr. Rajaram Banerjee ...For the State.

Sk. Md. Galib, Mr. Subhabrata Das ... For the added respondent no. 8.

The CMOH, Canning Sub Division, South 24 Parganas has filed a report confirming the fact that the husband of the petitioner, namely, Bimalendu Bera is not able to walk independently or perform his day to day functions. He is in fact paralytic and is unable to put his signature. The medical report is taken on record.

In that view of the matter, the Commissioner of School Education shall depute a competent officer, who shall carry the pension papers of the husband of the petitioner to his residence. All relevant papers relating to pension must also be obtained from the respondent no. 5 and the Secretary of the School shall be responsible for handing over the said documents to the person, deputed by the Commissioner.

The left thumb impression of Bimalendu Bera on the pension papers shall be obtained by the said official deputed, in presence of two independent witnesses. All assistance shall be rendered to the said Bimalendu Bera in completing his pension papers and PPO shall be issued by the respondent no. 3 within a period of one month from the date of receipt of pension papers from the D.I. of Schools.

Processing of pension papers shall be completed by the D.I. of Schools, Commissioner and the respondent no. 3 mandatorily and positively within a period of 45 days from date.

The petitioner may thereafter take steps to include herself in the bank account of the Bimalendu Bera so that the benefit of the family pension can be made available to him.

The CMOH, 24 Parganas South is added as party respondent to the instant proceeding. The petitioner shall amend the cause title in course of the day.

With the aforesaid observations, the writ petition is disposed of.

There will be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)