Hari Priya Bera v. The State Of West Bengal And ORS.

06.11.2025 Sl. No.5 Ct. No.7 ss

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 18790 of 2025 Hari Priya Bera

Versus

The State of West Bengal & Ors.

Mr. Dilip Kumar Sadhu ...for the Petitioner.

Mr. Safik Dewan ...for the State.

1.

Affidavit of service filed on behalf of the petitioner is taken on record.

2.

By the present writ petition the petitioner seeks for direction upon the respondent authorities to issue the Pension Payment Order in her favour and also disburse the family pension including arrears from the date of entitlement till the date of actual payment.

3.

The petitioner contends that her husband joined as an Assistant Teacher in Chotto Khagda Primary School, District Purba Medinipur and retired from service on 31st May, 1995. The husband of the petitioner died on 27th June, 2008. Upon death of her husband, the petitioner made an application on 4th July, 2025 before the respondent no.4, the District Inspector of Schools (PE), Purba Medinipur for grant of family pension in her favour. However, the same is still pending. Hence, this writ petition.

4.

Mr. Dilip Kumar Sadhu, learned Advocate for the petitioner submits that the representation of the petitioner dated 4th July, 2025 for grant of family pension may be relegated to the respondent no.4, the District Inspector of Schools (PE), Purba Medinipur for consideration and disposal of the same.

5.

Mr. Safik Dewan, learned Advocate for the State submits that the matter may be sent to the concerned authority for due consideration.

6.

In view of the submissions advanced on behalf of the respective parties, the respondent no.4, the District Inspector of Schools (PE), Purba Medinipur is directed to consider and dispose of the representation of the petitioner dated 4th July, 2025, in accordance with law, as expeditiously as possible preferably within a period of three months from the date of communication of this order. In the event it is found that the petitioner is entitled to benefit of family pension, the said respondent authorities shall take appropriate steps for issuance of Pension Payment Order in favour of the petitioner and also disburse the arrears of family pension in her favour.

7.

Petitioner is directed to communicate this order to the respondent no.4, the District Inspector of Schools (PE), Purba Medinipur for necessary action.

8.

With the above direction, the writ petition being WPA 18790 of 2025 stands disposed of.

9.

Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.

10. Interim order, if any, stands vacated.

11. All connected applications, if any, stand disposed of.

12. There shall be no order as to costs.

13. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

14. Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.

(Bivas Pattanayak, J.)