Aaelita Bhattacharya v. State Of West Bengal And ORS.

02.04.2025 Court No.17 SK

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 6596 of 2025 Aaelita Bhattacharya Vs.

The State of West Bengal & Ors.

Mr. Subhankar Das, Ms. Ananya Chakraborty ... for the Petitioner.

Mr. Rajat Dutta ...for the State.

Affidavit-of-service filed on behalf of the petitioner be kept with the record.

The father of the petitioner was a Professor of Alipurduar College, a non-Government college, on attaining the age of superannuation he had retired from his said service on February 28, 1994 and died on March 05, 2022. The petitioner is the unmarried daughter of the said deceased professor. The mother of the petitioner had pre-deceased the father. The petitioner is praying family pension.

In terms of the Notification of the Government of West Bengal, Higher Education Department (College Sponsored Branch) bearing No. 50-Edn(CS) 17013(99)/3/2023 dated January 25, 2024, the petitioner prima facie is entitled to such pension.

A representation of the petitioner dated January 06, 2025, praying such pension forms part of the writ petition being Annexure - 'P5' and is pending consideration before the Director of Public Instruction, Education Department, Government of West Bengal, the respondent no. 4 herein. The said respondent is directed to consider the said representation in accordance with law, if necessary after giving the petitioner and/or her agent an opportunity of hearing as expeditiously as possible preferably within a period of eight weeks from the date of communication of this order. W.P.A. 6596 of 2025 is disposed of with the above terms without any order as to costs.

Since no affidavit has been invited, the allegations made in the writ petition are deemed to have been denied by the respondents.

Parties to act on the server copy of this order duly downloaded from the official website of this Court. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance of all requisite formalities.

(Biswajit Basu, J.)