Rebati Dey v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

24.03.

Ct. No. 24 CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE.

WPA 2846 of 2026 Ab Rebati Dey Vs.

The State of West Bengal and others.

--------------- Mr. Sujit Bhunia, Mr. Debasis Dey.

... for the petitioner.

Mr. Susanta Kumar Mukherjee, Ms. Tanuja Basak.

... for the State.

1. The affidavit of service filed today is taken on record.

2. The petitioner is the widowed daughter of an erstwhile Group-D staff of Rohini C.R.D. High School (HS) in the District - Jhargram.

3. The petitioner had applied for the family pension under the Death-cum-Retirement Scheme, 1981 in September 2025. The said application has been duly forwarded to the respondent no. 3 by the respondent no. 6 and is pending with the respondent no. 3.

4. The respondent no. 3 is directed to consider the documents submitted and forward the same to the respondent no. 4 by April 30, 2026. The respondent no. 4 will consider and dispose of the application of the petitioner in the light of the requisite memo of April 13, 2010 bearing no. 96-SE(B)/1M-112/2008

and, particularly in the light of the decision of this Hon'ble Court by a Special Bench in the matter of Sabita Ray vs. State of West Bengal and others, decided on June 20, 2023.

5. The respondent no. 4 will dispose of such issue by May 31, 2026. In the event the order is in favour of the petitioner, all consequential steps will be taken to ensure that the requisite Pension Payment Order and disbursement is made as expeditiously as possible preferably within a period of six weeks from passing of the order.

6. With these afore-stated directions, the writ petition is disposed of.

7. There shall, however, be no order as to costs.

8. Urgent Photostat certified copy of this order, if applied for, be given to the parties on priority basis. (Reetobroto Kumar Mitra, J.)