Sikha Mondal v. State Of West Bengal And ORS.

sandip Ct. 18 01.08.2023 W.P.A. 6874 of 2023 Smt. Sikha Mondal Vs.

The State of West Bengal & Ors.

Mr. Chittopriya Ghosh, Ms. Priyanka Saha ... For the petitioner. Mr. Pantu Deb Roy, AGP, Mr. Subrata Guha Biswas, Mrs. Jyotsna Roy Mukherjee, Ms. Srijani Mukherjee ... For the State. The petitioner is the widowed daughter of a Headmaster of a higher secondary school. The prayer of the petitioner for family pension is pending since 2017 as the service book of the father of the petitioner is not traceable.

Mr. Deb Roy, learned Additional Government Pleader submits that though the petitioner has submitted the other necessary documents, the Director of Pension, Provident Fund, Gratuity and Group Insurance, the respondent no. 3 herein is unable to process the prayer of the petitioner for nonavailability of the service book of the deceased teacher. The entitlement of the petitioner cannot be put to a halt till the said service book is traced, therefore the requirement of furnishing the service book of the deceased teacher in allowing the prayer of the petitioner for family pension is dispensed with.

The Director of Pension, Provident Fund, Gratuity and Group Insurance, the respondent no. 3 is directed to consider the prayer of the petitioner in accordance with law without insisting the production of the said service book and if the other papers are found in order, shall issue the relevant pension payment order in favour of the petitioner within a period of two weeks from the date of communication of this order,. W.P.A. 6874 of 2023 is disposed of with the above terms without any order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

Parties to act on the server copy of this order duly downloaded from the official website of the Court. (Biswajit Basu, J.)