Calcutta High CourtWPA/24792/2023disposed

Snehalata Nanda v. State Of West Bengal And ORS.

2024-04-04Hon'Ble Justice Biswajit Basu2 pages

04.04.2024 (M/L 98) Ct.-18 (Susanta)

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION W.P.A. 24792 of 2023 Snehalata Nanda -Vs- The State of West Bengal & Ors.

Mr. Abdur Rakib, Mr. Arijit Pradhan, .......For the petitioner.

Mr. Suman Dey, Mr. Debangshu Dinda, .... For the State.

The petitioner is the unmarried daughter of an Assistant Teacher at Manikabasan Higher Secondary School, District-Purba Medinipur.

The said teacher died-in-harness on June 14, 1980. The widow of the deceased teacher, the mother of the petitioner died on July 11, 1996 without receiving any family pension.

The petitioner is praying arrear family pension of her deceased mother as well as disbursement of family pension in her favour. Mr. Abdur Rakib, learned advocate for the petitioner submits that in terms of the judgment of the Special Bench of this Court passed in MAT 1518 of 2019 (THE STATE OF WEST BENGAL & ORS. vs. SABITA ROY), the petitioner is entitled to such family pension.

Mr. Suman Dey, learned advocate for the State submits that the petitioner is required to

file appropriate application for such family pension through the school.

The petitioner is directed to submit appropriate application along with relevant papers before the school authority within a week from date.

The school authority, on receipt of the said application, is directed to transmit the same along with the relevant papers to the District Inspector of Schools(S.E.) District-Purba Medinipur, the respondent no.3 herein. The said respondent, within a period of four weeks from the date of receipt of the said papers, shall consider and dispose of the prayer of the petitioner for such family pension in accordance with law and shall communicate his decision to the petitioner.

W.P.A. 24792 of 2023 is disposed of with the above terms without any order as to costs. Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)