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Calcutta High CourtWPA/10008/2025disposed

Haradhan Gayen v. Union Of India And ORS.

2025-11-11Hon'Ble Justice Saugata Bhattacharyya3 pages

11.11.2025 Court No. 02 Item No.85 (Suvendu) WPA 10008 of 2025 Haradhan Gayen -VersusUnion of India & Ors.

Mr. Kapil Chandra Sahoo ....for the petitioner Mr. Ajit Kumar Chaubey Mr. Vinayak Chaubey ....for the respondents 1.

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

2.

Father of the petitioner was working in Border Security Force (for short, "BSF") who retired on superannuation on 31st December, 1992. After superannuation he was in receipt of pension and died on 19th March, 2021. It is submitted that petitioner's mother died on 29th September, 2021. Petitioner prays for sanction of family pension being differently abled son whose father was working in BSF. In support of such contention, reliance is placed on Disability Certificate issued in 1998.

3.

Petitioner made a representation dated 2nd April, 2025 seeking family pension and same is yet to be decided by the concerned authority of BSF.

4.

Learned advocate representing BSF submits that as per norms petitioner is required to submit application in prescribed proforma seeking family pension. Since representation of the petitioner was not made in prescribed proforma decision could not be taken. It is also submitted on behalf of BSF that mother of the petitioner was sanctioned family pension till her death in 2021. 5.

In view of respective submissions made on behalf of the parties, Pay and Account Officer, Central Pension Accounting Office, Ministry of Finance, Government of India being respondent no. 2 is directed to forward a prescribed proforma to the petitioner by ten days from date of communication of this order in order to facilitate the petitioner to make application in said proforma seeking family pension. On receipt of proforma petitioner shall be at leave to make application in said proforma seeking sanction of family pension by fortnight thereafter.

If application is made by the petitioner in prescribed proforma seeking family pension within aforesaid time respondent no. 2 shall decide the same within eight weeks from the date of receipt of such application. Decision to be taken by respondent no. 2 shall be communicated to the petitioner by ten days thereafter.

6.

Writ petition stands disposed of.

7.

There shall be no order as to costs.

8.

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

(Saugata Bhattacharyya, J.)