Usha Das v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 10 16.12.2025 Sc Ct. no.14 WPA 6216 OF 2024 -------------- Usha Das Vs.

The State of West Bengal & Ors.

Mr. Arup Kumar Saha .... For the Petitioner Ms. Sanchayita De .... For the Respondents State 1.

Affidavit-of-service, filed in Court today, is taken on record.

2.

Leave is granted to the petitioner to correct the nomenclature of the respondent no.3.

3.

By the present writ petition the petitioner seeks direction upon respondent authorities to grant Family Pension along with arrear of pension and interest thereon from 1st May, 1987 till the date of actual disbursement.

4.

The petitioner contends that her father was an Assistant Primary Teacher under Dantan Circle, District - Paschim Medinipur. The petitioner's father retired from service on superannuation on 1st April, 1981. The petitioner's father died on 1st May, 1987. The mother of the petitioner pre-deceased her father and expired on 14th December, 1984. The petitioner is the unmarried

daughter who prays for grant of Family Pension in her favour. The deceased employee died leaving behind him seven daughters including the present petitioner as his legal heirs. On 9th October, 2023, the petitioner made a representation before the respondent no.3, The District Inspector of Schools (P.E.), Paschim Medinipur for grant of Family Pension. However, no steps have been taken as yet. Hence, this writ petition.

5.

Mr. Arup Kumar Saha, learned Advocate for the petitioner seeks that the matter be relegated to the appropriate authority for consideration of the representation of the petitioner.

6.

Despite service, none appears on behalf of the State.

7.

Ms. Sanchayita De, learned Advocate who usually appears for the State is requested to appear in the matter. Let appointment of Ms. Sanchayita De, learned Advocate be regularized by the concerned authority. 8.

Learned Advocate for the petitioner is directed to serve a copy of the writ petition along with its annexures upon Ms. Sanchayita De, learned Advocate for the State. 9.

Ms. De, learned Advocate for the State leaves the matter to the discretion of the Court.

10. In view of the submissions advanced on behalf of the parties, the respondent no.3, The District Inspector of Schools (P.E.), Paschim medinipur is directed to consider and dispose the representation of the petitioner

dated 9th October, 2023 (Annexure P-5) upon notice to the petitioner, by passing a reasoned order in accordance with law within a period of six weeks from the date of communication of this order.

11. The reasoned order shall be communicated to the petitioner within a week of passing thereof.

12. Learned Advocate for the petitioner is directed to communicate this order to the respondent no.3 for necessary compliance.

13. Since no affidavit has been called for, the allegations made in this writ petition are deemed to be not admitted.

14. With the above observations and directions this writ petition, WPA 6216 of 2024 is disposed of, without any order as to costs.

15. There will be no order as to costs.

16. The parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Bivas Pattanayak, J.)