Kripalini Mandal v. State Of West Bengal And ORS.

16.07.2025 Item No. 10 Crt.No,2 b.r.

WPA 12548 of 2025 Kripalini Mandal -vsThe State of West Bengal & Ors.

Mr. Utkarsh Pandey Mr. Mainak Biswas .... For the petitioner.

Mr. Pantu Deb Roy, Ld. AGP Mr. Panna Lal Bandyopadhyay ... for the Resp. nos. 3 to 5.

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

Mr.

Utkarsh Pandey, learned advocate appears for the petitioner.

Mr. Panna Lal Bandyopadhyay, learned advocate led by Mr. Pantu Dey Roy, learned Additional Government Pleader appears for the respondent nos. 3 to 5.

The State is not represented.

The respondent no.6 is also not represented.

On the prayer of learned advocate for the petitioner, leave is granted to the petitioner to file a supplementary affidavit disclosing the documents, which according to learned advocate are material for adjudication. Supplementary affidavit filed in Court today, is taken on record. A copy has been

served upon Mr. Panna Lal Bandyopadhyay, learned advocate for the respondent nos. 3 to 5. The father of the petitioner, namely, Madan Chandra Mandal, since deceased was a State employee of the Forest Department of the State. The employee died on February 6, 2019. The petitioner claiming to be the younger daughter is claiming family pension. Referring to annexure p-6 at page-26 to the writ petition, learned advocate for the petitioner submits that on December 21, 2022, the necessary application for renewal of family pension was submitted but the same has not yet been renewed. The documents from Page-27 onwards at least till page-34 to the writ petition shows that steps were taken by the State authority for renewal of family pension in favour of the petitioner and the petitioner has also submitted the necessary documents.

The supplementary affidavit filed today in Court shows that the documents appended thereto would demonstrate that all necessary documents and records have already been furnished by the petitioner before the appropriate authority but still the family pension has not been renewed.

After hearing the submissions made on behalf of the parties, it appears to this Court that,

the claim of the petitioner has not been disputed by the State authority on the contrary has been accepted and the petitioner was requested from time to time by the State authority only to produce the relevant documents and records and to carry out the necessary procedural formalities.

In view of the above, the petitioner shall serve a copy of this writ petition along with the supplementary affidavit and a copy of today's order upon the respondent nos. 2 to 7 forthwith.

The respondent no.2 then shall take all necessary and consequential steps and if necessary in consultation with the respondent nos. 4 and 5, so that after verification of all the records and after compliance of all the necessary formalities in accordance with law the family pension payable to the petitioner in accordance with law can be renewed forthwith and the petitioner is paid the same. The respondent nos. 6 and 7 if are requested by the respondent no.2 shall render their all cooperation by taking steps in accordance with law for renewal of family pension in favour of the petitioner.

The entire exercise shall be carried out and completed including renewal of family pension and payment thereof in favour of the petitioner within a

period of eight weeks by the respondent no.2 and/or all other appropriate authority from the date of communication of this order.

The right of the petitioner to claim interest on delayed payment is kept reserved in an appropriate proceeding after the renewal of family pension, if the petitioner is found to be eligible in law.

Nothing further survives in this writ petition. Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents. It is made clear that this Court has not gone into the merits of this writ petition.

With the above observations and directions, this writ petition, WPA 12548 of 2025 stands disposed of, without any order as to costs.

Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)