Calcutta High CourtWPA/22569/2022disposed

Putul Bhattacharyya v. State Of West Bengal And ORS.

2026-01-07Hon'Ble Justice Amrita Sinha2 pages

7th Jan., 2026 Item no.M/L 695 Court No. 18 Pradip, A.R.(Ct.) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side Case No.

WPA 22569 of 2022 In the matter of :

Putul Bhattacharyya .... Petitioner VS.

The State of West Bengal & Ors.

....Respondents For the Petitioner:

Mr. Kalyan Kumar Panda ....Advocate For the State:

Mr. Pinaki Dhole Mr. Avishek Prasad ....Advocate

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

2. The order of the Commissioner of School Education dated 1st February, 2022 rejecting the claim of the petitioner for grant of family pension, being the unmarried daughter of a teacher who retired prior to 1st April, 1981, is impugned in the instant writ petition.

3. Whether the unmarried daughter of deceased teachers who died prior to introduction of DCRB, 1981 will be entitled to receive family pension or not has been conclusively decided by the Hon'ble Special Bench of this Court on 20th June, 2023 in MAT 1518 of 2019 in the matter of The State of West Bengal & Ors. Vs. Sabita Roy wherein the Court clearly laid down that the benefit of family pension can be extended to unmarried daughter of an employee who died prior to coming into force of DCRB, 1981.

4. In view of the above, the impugned order cannot stand in the eye of law and is liable to be set aside. The impugned order is, accordingly, set aside.

5. The concerned District Inspector of Schools is directed to process the family pension file of the petitioner strictly in accordance with the directions passed by the Hon'ble Special Bench in the matter of Sabita Roy (supra) and ensure that family pension is disbursed in favour of the petitioner latest within a period of sixteen weeks from the date of communication of this order, however, subject to compliance of all necessary formalities.

6. The writ petition stands disposed of

7. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Amrita Sinha, J.)