Kumari Asthami Mahato v. State Of West Bengal And ORS.

21.12.2021 SL No. 23 Court No. 24 (P.M) WPA 18430 of 2021 Kumari Asthami Mahato Vs The State of West Bengal & Ors.

(Via Video Conference) Mr. Arunava Pati, Mr. S.C. Dhara ... for the petitioner.

Mr. Ziaul Islam, Mr. Abdus Salam ... for the State The father of the petitioner was a teacher who retired from service on attaining his normal age of superannuation on 31st December, 1987. Pension Payment Order was issued in the name of her father. After expiry of her father on 25th October, 2000 her mother received family pension till her death on 6th May, 2019.

The petitioner being the unmarried daughter of the deceased pensioner seeks family pension.

It appears from the document produced before this Court by the learned advocate representing the District Inspector of Schools (Primary Education), Purulia that the application of the petitioner for grant of family pension is under active consideration. The date for hearing was fixed on 30th November, 2021, but prior to that the petitioner filed the instant writ petition on 18th November, 2021.

The learned advocate for the respondent submits that the petitioner remained unrepresented on 30th November, 2021 when her prayer was taken up for consideration by the District Inspector of Schools.

As it appears that the prayer of the petitioner for grant of family pension is under consideration before the District Inspector of Schools, accordingly the instant writ petition is disposed of by directing the respondent No. 3 being the District Inspector of Schools (Primary Education), Purulia to take a decision with regard to the prayer of the petitioner for grant of family pension in her favour at the earliest, but positively within a period of eight weeks from the date of communication of a copy of this order. The said respondent shall pass a reasoned order and communicate the same to the petitioner immediately thereafter.

The instruction given by the District Inspector of Schools (Primary Education), Purulia to the learned advocate is retained with the records.

The writ petition stands disposed of.

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

(Amrita Sinha, J.)