Shafali Chakraborty v. State Of West Bengal And ORS.

11.04.2022 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 19735 of 2021 Shafali Chakraborty -versus State of West Bengal & Ors.

Mr. D.N. Roy, Mr. Biswarup Nandy, Mr. Sourav Halder.

...For the Petitioner.

Mr. Rama Prasad Sarkar, Ms. Anita Deb Jana.

...For the State.

Mr. Sourav Mondal.

...For the Respondent No.5.

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

Leave is granted to the learned advocate on record of the petitioner to implead the District Magistrate, Bankura as party respondent in the instant writ petition. The requirement of service of the copy of the writ petition upon the added respondent is dispensed with as the learned advocate is already present in Court to defend the State respondents. The grievance of the petitioner is that she is not getting the family pension as the Legal Heirship Certificate which she applied for before the District Magistrate, Bankura on 12th April, 2019 has not been supplied in her favour till date.

The petitioner happens to be an unmarried daughter of a pensioner. The Sub-Inspector of Schools by a communication dated 20th December, 2017 intimated the petitioner that she is required to submit the necessary documents including the Legal Heirship Certificate issued by the District Magistrate, Bankura for processing her claim for family pension.

The petitioner thereafter applied for obtaining the said certificate from the District Magistrate, Bankura. The same has not been supplied to the petitioner till date.

The instant writ petition is disposed of by directing the District Magistrate, Bankura to take immediate steps for issuance of the Legal Heirship Certificate in favour of the petitioner positively within a period of four weeks from the date of communication of a copy of this order.

On receipt of the Legal Heirship Certificate, the petitioner will be at liberty to forward the same before the concerned authority for processing her claim for family pension.

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.)