Kanchan Bala Barik v. State Of West Bengal And ORS.

S/L 13 30.01.2025 Court No.19 SD

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 10774 of 2024 Kanchan Bala Barik Vs.

The State of West Bengal & Ors.

Mr. Sakti Pada Jana ... for the Petitioner.

None appears on behalf of the State-respondent. The father of the petitioner was an approved Assistant Teacher of a Secondary School, who on attaining the age of superannuation, had retired from the said service on August 31, 1974 and had expired on October 12, 1980.

The mother of the petitioner has also died; she did not receive family pension during her lifetime.

The petitioner, being the widowed daughter of the said deceased Assistant Teacher, on March 8, 2024, has made a representation before the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal, the respondent no. 2 herein, for grant of family pension, the said representation forms part of the writ petition being AnnexureP/6. The petitioner is praying disposal of the said representation.

The right of the petitioner to get the family pension has been recognized by the Special Bench of this Court in MAT 1518 of 2019 (State of West Bengal & Ors. Vs. Sabita Roy).

The respondent no.2 is directed to consider and dispose of the said representation as expeditiously as possible in accordance with law.

In the event, the petitioner is found otherwise eligible to get such family pension, the said respondent shall take forward steps for release of the said pension. WPA 10774 of 2024 is disposed with the above terms of without any order as to costs.

Since no affidavit-in-opposition has been invited, the allegations made in the writ petition are deemed to have been denied by the respondents.

Parties to act on the server copy of this order duly downloaded from the official website of this Court. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)