Shanti Mal v. State Of West Bengal And ORS.

20.01.2026 Sl. No.14(DL) Ct. No.14 srm

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 22884 of 2025 Santi Mal

Versus

The State of West Bengal & Ors.

Mr. Anil Kumar Chattopadhyay, Mr. Uttam Kumar Bhattacharyay ...for the Petitioner.

Ms. Payel Mitra ...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 grant family pension in her favour as also consideration of the representation dated 5th August, 2025.

3. The petitioner contends that her father, late Suresh Chandra Mal was an Assistant Teacher in Saradabarh Pania Primary School, Purba Medinipur.

The petitioner's father retired from service on superannuation on 26th September, 1966. Neither the father of the petitioner was granted pension nor her mother was granted family pension. The mother of the petitioner died on 7th February, 2005. The petitioner is the unmarried daughter of the deceased employee. On 5th August, 2025, the petitioner made a representation

before the respondent No.4, District Inspector of Schools (P.E.), Purba Medinipur as well as the other authorities for grant of family pension. However, the same is pending consideration. Hence, this writ petition.

4. Mr. Uttam Kumar Bhattacharyay, learned Advocate for the petitioner submits that the entitlement to family pension of the unmarried daughter is no more res integra in view of the decision of Larger Bench of this Court passed in State of West Bengal & Ors. versus Sabita Roy (In Re: MAT 1518 of 2019). He seeks that the matter be relegated to the appropriate authority for considering the prayer of the petitioner from grant of family pension in accordance with law.

5. Ms. Payel Mitra, learned Advocate for the State also concedes that the matter be sent to the appropriate authority for due consideration.

6. In view of the submissions advanced by the respective parties, the respondent No.4, the District Inspector of Schools (P.E.), Purba Medinipur is directed to consider the representation of the petitioner dated 5th August, 2025 (Annexure P-6) and dispose of the same strictly in accordance with law upon notice to the petitioner by passing a reasoned order within a period of eight weeks from date of communication of this order.

7. The reasoned order shall be communicated to the petitioner within a week of passing of such order.

8. Learned Advocate for the petitioner is directed to communicate this order to the respondent No.4, the District Inspector of Schools (P.E.), Purba Medinipur, for necessary compliance.

9. With the above direction, the writ petition being WPA 22884 of 2025 stands disposed of.

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

11. Interim order, if any, stands vacated.

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

13. There shall be no order as to costs.

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

15. 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.)