Sumita Das v. The State Of West Bengal And ORS.

19.01.2026 Sl. No.8 Ct. No.14 ss

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 23714 of 2025 Sumita Das

Versus

The State of West Bengal & Ors.

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

Mrs. Lipika Chatterjee ...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 disburse the family pension in favour of the petitioner being the widowed daughter of the deceased employee.

3.

The petitioner contends that her father Late Pramatha Nath Das Mahapatra, was an Assistant Teacher in Gobardhanpur Primary School, P.O. Gobardhanpur under Contai Circle, District Purba Medinipur who retired from service on superannuation on 31st May, 1999 and died on 18th January, 2023. After retirement, Pension Payment Order was issued in favour of petitioner's father on 31st March, 2002. The mother of the petitioner pre-deceased her father and died on 11th February, 2010. The husband of the petitioner died on 24th December, 2020. The petitioner being the widowed

daughter of the deceased employee made an application before the respondent authorities on 30th July, 2025 for grant of family pension in her favour. However, the same is still pending consideration. Hence, this writ petition. 4.

Mr. Dilip Kumar Sadhu, learned Advocate for the petitioner submits that the respondent no.4, the District Inspector of Schools (PE), Purba Medinipur be directed to dispose of the representation of the petitioner dated 30th July, 2025.

5.

Despite service, none appears on behalf of the State. 6.

Mrs. Lipika Chatterjee, learned Advocate, who usually appears on behalf of the State-respondent is requested to appear in this matter. The appearance of Mrs. Chatterjee be regularised by the competent authority. 7.

Learned Advocate for the petitioner is directed to serve a copy of the writ petition along with its annexure upon Mrs. Chatterjee, learned Advocate for the State. 8.

Mrs. Chatterjee, learned Advocate for the State submits that the representation of the petitioner may be sent for due consideration by the appropriate authority subject to production of all relevant documents, namely, legal heir certificate, no objection by other legal heirs and family income certificate.

9.

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 30th July, 2025, in accordance with law,

upon notice to all the legal heirs as appearing in annexure P7 at page 21 of the writ petition, as expeditiously as possible preferably within a period of three months from the date of communication of this order upon production of relevant documents. 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.

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

11. With the above direction, the writ petition being WPA 23714 of 2025 stands disposed of.

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

13. Interim order, if any, stands vacated.

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

15. There shall be no order as to costs.

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

17. 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.)