Sulekha Maity v. State Of West Bengal And ORS.

11.01.2022 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side (Via Video Conference) W.P.A 19962 of 2021 Sulekha Maity -versus State of West Bengal & Ors.

Mr. Subhrangshu Panda.

...For the Petitioner.

The petitioner prays for grant of family pension in her favour. She claims to be the unmarried daughter of a primary school teacher who died-in-harness on 28th February, 1972. The mother of the petitioner that is the widow of the teacher died on 20th October, 2011. According to the petitioner, as per DCRB Scheme, 1981 and the Government Memo No. G.O. 163 dated 15th May, 1990 unmarried daughters are eligible for receiving family pension.

The petitioner made a representation before the respondent authorities on 13th August, 2021 and alleges that the same has not been taken into consideration till date.

As it appears that the representation filed by the petitioner praying for grant of family pension is pending consideration at the end of the respondent authorities, no useful purpose will be served by keeping the writ petition pending.

The writ petition is disposed of by directing the respondent No. 3 being the Director of Pension, Provident Fund and Group Insurance to consider the representation filed by the petitioner on 13th August, 2021 strictly in accordance with law, at the earliest, but positively within a period of twelve 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. If required, the aforesaid authority may afford an opportunity of hearing to the petitioner prior to taking a decision in the matter. The petitioner is directed to forward a copy of the representation dated 13th August, 2021 along with all supporting documents to the aforesaid respondent at the time of communicating the order of this Court. The writ petition stands disposed of.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)