Nishikanta Maiti v. State Of West Bengal And ORS.

17-08-2022 WPA 17848 of 2022 Nishikanta Maiti AKG Ct. 21 Vs.

The State of West Bengal & Ors.

Mr. Subhrangsu Panda ...For the Petitioner Mr. Bibek Jyoti Basu, Mr. Uttam Kr. De ...For the State Petitioner's father served as a peon in Moyna College, Purba Medinipur. He had retired from service on August 31, 2011 and died on April 28, 2014.

Accordingly, wife was granted family pension by the State. She also died on December 20, 2014.

The petitioner claims that being a physically handicapped son of the deceased employee, he is entitled to get family pension.

It appears that he made a representation before the respondents on May 1, 2019, for grant of family pension in his favour.

Mr. Subhrangsu Panda, learned advocate representing the petitioner submits that the said representation has not yet been considered by the State though the petitioner is entitled to get family pension as a physically disabled person in terms of a G.O. No. 201-F (Pen) dated February 26, 2007, issued by the Finance Department, Pension Branch, Government of West Bengal. Mr. Panda submits that the representation made by the petitioner should be considered by the Director of

Public Instructions, Government of West Bengal. I find no justification in keeping this writ petition pending.

Accordingly, this writ petition being WPA 17848 of 2022 is disposed of with a direction upon the Director of Public Instructions, Government of West Bengal to consider the representation dated May 1, 2019, in accordance with law within a period of two months from date of communication of this order. The Director of Public Instructions should afford an opportunity of hearing to the petitioner or his authorised agent in arriving at such a decision.

Let urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities.

(Kausik Chanda, J.)