Arati Dhara v. The State Of West Bengal And ORS.

06.11.2025 Item No. 19 Ct. No. 07 IN THE HIGH COURT AT CALCUTTA AN CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 19360 of 2025 Arati Dhara vs.

State of West Bengal & ors.

Mr. Dilip Kumar Sadhu ... for the petitioner Mr. Mrinal Kanti Biswas Mr. Sandipan Maity ... 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 direction upon the respondent authorities to disburse the family pension in favour of the petitioner being a widow daughter.

3.

The petitioner contends that her father viz. Janmenjay Sahoo was an Assistant Teacher in Gopalchak Uchha Primary School under Haldia Circle, Dist. Purba Medinipur, under control of District Inspector of School, Tamluk, Purba Medinipur. The father of the petitioner superannuated on 13th October, 1977 and died on 19th May, 1984. Family pension was granted in favour of the mother of the petitioner on 17th December, 1994. The mother of the petitioner died on 25th December, 2016. Upon death of the husband of the petitioner on 18th April, 2023,

the petitioner made representation dated 30th June, 2025 before respondent no. 4, the District Inspector of School, Purba Medinipur for grant of family pension. However, since no steps have been taken by the concerned authority, the petitioner has preferred this writ petition. 4.

Mr. Dilip Kumar Sadhu, learned advocate appearing for the petitioner submits that the matter be relegated to respondent no. 4, the District Inspector of School, Purba Medinipur to consider and dispose of the representation of the petitioner dated 30th June, 2025 for grant of family pension.

5.

On the contrary, Mr. Mrinal Kanti Biswas, learned advocate representing the State submits that upon submission of representation by the petitioner dated 30th June, 2025, she has been directed by the District Inspector of School, Purba Medinipur on 18th July, 2025 to submit the following documents viz : (i) duplicate service book (Xerox copy); (ii) legal heirship certificate from the District Magistrate, and (iii) non-sanction/non-drawal certificate of any kind of family pension of any other scheme. However, the petitioner has not furnished the required documents as yet, due to which reason, further steps could not be taken. 6.

At this stage, learned advocate for the petitioner submits that his client is ready and willing to produce all the relevant documents.

7.

In view of the submissions advanced by the respective parties, respondent no. 4, the District Inspector of School,

Purba Medinipur is directed to consider and dispose of the representation of the petitioner dated 30th June, 2025 within a period of three months from the date of communication of this order subject to furnishing of all the documents by the petitioner. The petitioner is directed to produce all the relevant documents, if any, before the concerned authority.

8.

With the above directions, the writ petition being no. WPA 19360 of 2025 stands disposed of.

9.

Since no affidavits have been called for, the allegations made in the writ petition are deemed to be not admitted. 10.

Consequently, connected applications, if any, also stand disposed of.

11.

Interim orders, if any, stand vacated.

12.

There will be no order as to costs.

13.

Urgent certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities. (Bivas Pattanayak, J.)