Sauda Begum v. State Of West Bengal And ORS.

28.03.2022 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 13067 of 2021 Souda Begam -versus State of West Bengal & Ors.

Mr. Md. Harun Ali Rashid.

...For the Petitioner.

Mr. Swapan Kumar Dutta, Mr. Shamim Ul Bari.

...For the State.

Affidavit-of-service filed in Court today is taken on record.

The petitioner is aggrieved by the order passed by the District Inspector of Schools (P.E.), North 24Parganas dated 16th /31st July, 2020. The prayer of the petitioner for grant of family pension to the widowed daughter could not be proceeded with in the absence of the Legal Heir Certificate issued by the competent authority and the Income Tax Certificate issued by the Gazetted Officer either Central Government or State Government belonging to Group 'A' service.

The petitioner submits that in spite of repeated efforts, she failed to obtain the necessary documents.

Learned advocate appearing for the respondent authorities submits, upon instructions, that in the absence of all relevant documents it will not be possible for the authority to process the family pension file of the petitioner.

The petitioner being the widowed daughter claims family pension. The same is payable only upon production of all necessary documents.

It appears that the petitioner has failed to produce the relevant documents, details of which are mentioned in the order impugned.

It will be open for the petitioner to collect the required documents from the competent authorities and forward the same to the District Inspector of Schools (P.E.), North 24-Parganas.

In the event the required documents are forwarded by the petitioner to the said authority, necessary steps shall be taken by the District Inspector of Schools (P.E.), North 24-Parganas to process the family pension file by the petitioner.

The writ petition stands disposed of.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J.)