Abeda Khatun v. The State Of West Bengal And ORS.

26.09.2025 Sl. No. 12 Ct No. 3 SG WPA 18942 of 2024 Abeda Khatun Vs The State of West Bengal & Ors.

Mr. Lal Ratan Mondal, Mr. Sk. Kiran.

...for the petitioner Mr. Srijan Nayak, Mrs. Rituparna Maitra.

...for the State Mr. S. Ghosh.

...for respondent nos. 6 to 9 1.

The petitioner has preferred the present writ petition being aggrieved by the inaction on the part of the respondent-Municipality in not acting upon the representation of the petitioner's deceased husband dated 11.08.2015, wherein he had requested incorporation of the petitioner's name as nominee in the Pension Payment Order (PPO) for the purpose of receiving family pension upon his demise.

2.

The case of the petitioner is that her husband Sri Soleman Sk. superannuated on 31.08.2007. The PPO was issued in his favour reflecting the name of his first wife Arsheda Bibi as nominee. Arsheda Bibi died on 03.04.2013. Subsequently, Sri Soleman Sk. contracted a second marriage with the petitioner on 23.05.2014. Vide letter dated 11.08.2015 Sri Soleman Sk. duly intimated

the Chairman of the respondent-Municipality regarding the change in circumstances and specifically requested substitution of the petitioner's name as nominee in the PPO. Sri Soleman Sk. expired on 20.12.2013. However, despite the aforesaid intimation, the respondent failed to take any action on the said request and has not granted family pension in favour of the petitioner. The petitioner thereafter submitted a representation dated 06.07.2024 seeking redressal of her grievance, but the same has not elicited any response.

3.

Learned Counsel for the respondent-Municipality states that the corporation is ready and willing to consider petitioner's representation dated 06.07.2024. 4.

Learned Counsel for the petitioner states that the petitioner shall be satisfied if the same is considered in a time bound manner.

5.

In view of the statement made by the learned Counsel for the parties, this Court directs the respondent to consider and decide petitioner's representation dated 06.07.2024 within a period of ten (10) weeks, strictly in accordance with law, after affording an opportunity of personal hearing to the petitioner, by way of a reasoned and speaking order.

6.

With the above directions, the present writ petition is disposed of.

7.

Since no affidavits have been filed by the respondents, the allegations made in the writ petition shall not be deemed to have been admitted.

8.

There shall be no order as to costs.

9.

Let urgent Photostat certified copy of this order, if applied for, be supplied to the parties on usual undertaking.

(Gaurang Kanth, J.)