Calcutta High CourtWPA/3551/2026disposed

Minati Bhattacharya v. State Of West Bengal And ORS.

2026-03-24Hon'Ble Justice Reetobroto Kumar Mitra2 pages

24.03.2026 sdas WPA 3551 of 2026 Smt. Minati Bhattacharya Vs.

The State of West Bengal & Ors.

Mr. Aninda Lahiri Mr. Pritam Das .... for the petitioner Mr. Malay Kumar Singh Mr. Somnath Mukhopadhy .... for the State

1. Let affidavit-of-service, as filed in Court, be kept on record.

2. Petitioner is the widowed daughter of the former employee of the respondent no. 7. Petitioner's father retired sometime in the year 1978 and was drawing pension after his retirement till his death in 2009.

3. Mr. Lahiri, learned Advocate appearing for the petitioner, submits that the petitioner is entitled to the family pension since 2009 and had been running from pillar to post to obtain such family pension, which was in vain.

4. It appears from a copy of the instructions by the respondent no. 5 that the school authority has not yet submitted the requisite papers relating to the pension file of the petitioner to the respondent no. 5.

5. In view of the aforestated facts, I direct the respondent no. 8 to forward the requisite papers of the petitioner to the respondent no. 5 by April 20, 2026.

6. Respondent no. 5 will thereafter consider the issue of the eligibility of the petitioner to receive the pension, based on the documents submitted by the school authority and strictly in consonance with the dictum of this Hon'ble Court in the matter of The State of West Bengal & Ors. Vs. Sabita Roy & Anr. Reported in MAT 1518 of 2019 dated July 16, 2024.

7. Respondent no. 5 will consider and decide the issue by May 31, 2026 and intimate the petitioner within a period of two weeks thereafter.

8. If the order is in favour of the petitioner, requisite steps will be taken to ensure that the Pension Payment Order and disbursement thereof are effected as expeditiously as possible.

9. The writ petition is accordingly disposed of.

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

11. Urgent photostat certified copy of this order, if applied for, be supplied to the parties on usual undertaking.

(Reetobroto Kumar Mitra, J.)