Calcutta High CourtWPA/6481/2020disposed

Menaka Jana v. State Of West Bengal& ORS

2020-09-28Hon'Ble Justice Debangsu Basak3 pages

WPA 6481 of 2020 with C.A.N. 1 of 2020 (Old No. C.A.N. 5151 of 2020) (VIA VIDEO CONFERENCE) 28.09.2020 KC Menaka Jana Vs.

The State of West Bengal & Ors.

Mr. Sanjoy Mukherjee.

... for the petitioner.

CAN 1 of 2020 (Old No. CAN 5151 of 2020) is disposed of by taking up the writ petition for consideration. Petitioner seeks family pension.

Learned advocate for the petitioner submits that, the nickname of the petitioner appeared in the Pension Payment Order (PPO) so far as the deceased employee was concerned. Thereafter, the petitioner approached the authorities for correction of her name. The petitioner was asked to provide documents in support of her claim which the petitioner did. Petitioner submitted heirship certificate as also other documents to establish that the nickname of the petitioner appeared in the PPO of the deceased employee. Learned advocate for the State submits that, the Director of School Education transmitted the records to the

respondent no. 2 for consideration and that the records are presently lying with the respondent no. 2 for his consideration.

In such circumstances, the respondent no. 2 will dispose of the application made by the petitioner for correction of the Pension Payment Order and for payment of family pension, in accordance with law, as expeditiously as possible and preferably within a period of six weeks from the date of communication of this order. The respondent no. 2 will afford an opportunity of hearing to the petitioner. The respondent no. 2 is at liberty to hear such other parties and consult such documents that it deems necessary. The respondent no. 2 will communicate its reasoned order to the parties it had heard forthwith thereafter. In the event, the respondent no. 2 finds that, the petitioner is entitled to the family pension as claimed along with arrears, he will take expeditious steps for having such family pension disbursed to the petitioner within two weeks from the date of his decision. WPA No. 6481 of 2020 is disposed of.

There shall, however, be no order as to costs. (Debangsu Basak, J.)