Sumita Sen v. The State Of West Bengal And ORS.

KC 28.04.2025 Ct.18 W.P.A. 8514 of 2025 Sumita Sen -vsThe State of West Bengal & Ors.

Mr. Subhasish Majumder ....for the petitioner.

Mr. Suman De Ms. Kalpita Paul ....for the State.

Affidavit of service filed on behalf of the petitioner is taken on record.

Petitioner has claimed arrear pension on claiming herself as widow daughter of a deceased head teacher of primary school, who died on 11th March, 2018. It is also submitted that father of the petitioner was in receipt of pension and after death of father, mother received pension till her death on 15th August, 2022. Petitioner has made an application for sanction of family pension based on legal heir certificate dated 6th November, 2023, which was received by the District Inspector of Schools (P.E.), Purba Medinipur being respondent no. 4 on 7th April, 2025.

On chronology of facts, it appears that respondent no. 4 received application seeking sanction of family pension on 7th April, 2025 and present writ petition has been instituted on 11th April, 2025. Therefore, not even seven days' time has been provided to the respondent no. 4 to take

decision.

State respondents are represented by learned advocate who has submitted a memo dated 23rd April, 2025 wherefrom it appears that a letter was issued on 17th April, 2025 to the petitioner whereby the petitioner was requested to submit relevant documents as delineated in the said letter dated 17th April, 2025. Copy of memo dated 23rd April, 2025 along with letter dated 17th April, 2025 are taken on record.

In view of the submissions made on behalf of the parties, writ petition stands disposed of by granting leave to the petitioner to appear before respondent no. 4 by fortnight from the date of communication of this order along with necessary documents as indicated in the memo dated 17th April, 2025. If relevant documents are submitted by the petitioner and formalities are completed with cooperation of the petitioner within the aforesaid time, respondent no. 4 is directed to settle the family pension case of the petitioner by six weeks thereafter and consequential steps shall be taken for release of family pension within four weeks thereafter by issuing pension payment order.

There shall, however, be no order as to costs.

Urgent photostat certified copy of this

order, if applied for, be given to the learned Advocates for the parties on the usual undertakings.

(Saugata Bhattacharyya, J.)