Gitasri Mishra v. The State Of West Bengal And ORS.

rkd 01.05.2025 Ct.18 W.P.A. 8681 of 2025 Gitasri Mishra -vsThe State of West Bengal & Ors.

Mr. Dilip Kumar Sadhu ....for the petitioner.

Ms. Sulagna Bhattacharya, Mr. Prashant Kumar Tripathi ....for the State.

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

Petitioner being divorcee daughter of a deceased Headmaster who retired on superannuation on 31st January, 1993 has come up with the present writ petition claiming family pension.

It is submitted by the learned advocate representing the petitioner that father who was Headmaster of a Government aided school retired on superannuation on 31st January, 1993 and received pension till his death on 5th February, 2011. Subsequently, mother of the petitioner received family pension till her death on 23rd March, 2019. Petitioner claims family pension after death of her mother since she is divorcee daughter. In support of such claim petitioner obtained legal heir certificate dated 3rd September, 2019

issued by the competent authority and income certificate dated 16th April, 2019 issued by the Block Development Officer. Prayer is made for taking expeditious steps by the concerned State respondents for releasing family pension.

State respondents are represented by learned advocates who have submitted that steps have been taken by the District Inspector of Schools (SE), Purba Medinipur being respondent no.4 for settling the family pension case of the petitioner and response from Joint Director of Accounts, Purba Medinipur is awaited.

Since respondent no.4 is the pension sanctioning authority, the respondent no.4 is directed to settle the family pension case of the petitioner by four weeks from the date of communication of this order and forward the same to the Director of Pension, Provident Fund and Group Insurance being respondent no.2 by fortnight thereafter.

On receipt of pension case, respondent no.2 on compliance of necessary formally shall issue pension payment order in favour of the petitioner by fortnight thereafter.

State respondents are directed to release family pension in favour of the petitioner as expeditiously as possible but not later than ten weeks from the date of communication of this

order.

The writ petition stands disposed of.

However, there shall be no order as to costs.

Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)