Kalpana Patra v. State Of West Bengal & ORS

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side W.P.A. 7136 of 2019 Kalpana Patra VS The State of West Bengal & Ors.

Mr. Aswini Kumar Bera ...... for the petitioner Mr. Avishek Prasad .... For the State The petitioner claims to be the unmarried daughter Court No. 24 13.04.2022 (Item No. 1) (SB) of a deceased primary school teacher. The teacher retired on 1st April 1979 and he expired on 21st June, 2001. After the expiry of the teacher his widow was sanctioned family pension. The widow expired on 12th March, 2015. The petitioner, being the unmarried daughter, claims that the benefit of family pension be extended in her favour.

The petitioner made a representation before the respondent authorities in January 2019 and alleges that the said representation has not been disposed of till date.

The petitioner is presently aged about sixty-six years.

As it appears that the representation of the petitioner praying for grant of family pension is pending consideration at the end of the respondent authorities accordingly, the instant writ petition is disposed of by directing the District Inspector of Schools, Primary Education, Purba Midnapore to take a decision with

regard to the prayer of the petitioner for grant of family pension in her favour. The said decision shall be taken by the aforesaid respondent at the earliest, but positively within a period of six weeks from the date of communication of this order.

The aforesaid respondent shall pass a reasoned order and communicate the same to the petitioner immediately thereafter.

The petitioner is directed to forward a copy of her representation dated 21st January, 2019 and all other documents in support of her claim to the aforesaid respondent at the time of communicating the order of this order.

The writ petition stands disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the parties on completion of usual formalities.

(Amrita Sinha, J.)