Jhum Jhum Das v. United India Insurance Company Ltd. And ORS.

29/06 In the High Court at Calcutta Constitutional Writ Jurisdiction AD/67/18 Appellate Side 266312 WPA/7031/2025 NANDY (DO) JHUM JHUM DAS VS UNITED INDIA INSURANCE COMPANY LTD. & ORS.

Mr. Prosenjit Mukherjee, Advocate Ms. Monisa Mandal, Advocate ......for the Petitioner Ms. Shahina Haque, Advocate Ms. Ayesha Hussain, Advocate Ms. Mithu Singha Mahapatra, Advocate ......for the Insurance Company

1. The petitioner is aggrieved with the inaction on the part of the respondent authorities in not granting her the pension to which, according to her, she is entitled.

2. Mr. Mukherjee, learned Counsel appearing for the petitioner submits that even though the petitioner is 52 years of age, she is unemployed and her income (if any) does not exceed the dependency criteria as specified by the corporation in this regard. He also places reliance on the Notification No. SO-2473(E) dated 08.10.2010, by virtue of which, widows, divorced, and unmarried daughters have been brought within the fold of entitled persons to receive pension. Unmarried daughters are to receive pension till the date of marriage or remarriage, as the case may be.

3. The representation made by the petitioner sometime in December 2024 is a bare representation without any supporting documents.

4. Ms. Hoque, learned Counsel appearing for the respondents, submits that irrespective of the fact that the petitioner may or may not be entitled to pension as an unmarried daughter by virtue of the notification dated 08.10.2010, the petitioner will have to prove that her income did not exceed the dependency criteria.

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5. The respondent has not taken any decision in the matter and has simply glossed over the entire issue for the last almost one and a half years.

6. In view thereof, I direct the petitioner to make a fresh representation/application with all necessary documents to show that she is entitled to receive pension and that she falls within the parameters of the dependency criteria, by July 10, 2026.

7. The respondent no. 3 will deliberate on the issue and take a decision on the matter upon going through all documents submitted by the petitioner and strictly in conformity with the notification dated 08.10.2010.

8. This entire exercise shall be concluded by August 10, 2026, and the resultant order be communicated to the petitioner within the afore-stated timeline.

9. With the afore-stated directions, the writ-petition is disposed of. No order as to costs.

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