Triptikana Das v. State Of West Bengal And ORS.

04.04.2024 (M/L 99) Ct.-18 (Susanta)

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION W.P.A. 24797 of 2023 Triptikana Das -Vs- The State of West Bengal & Ors.

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

Mr. Ranjan Saha, Mr. Nilay Baran Mandal, .......For the State.

Affidavit-of-service filed on behalf of the petitioner be kept with the record.

The petitioner is the widowed daughter of a deceased Assistant Teacher at Nandigram Brajamohan Tiyari High School (H.S), Purba Medinipur. The said teacher died-in-harness on March 12, 1965. The widow of the deceased teacher, the mother of the petitioner died on December 25, 2012 without receiving any family pension.

The petitioner is now praying family pension. Mr. 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. He further submits that a representation of the petitioner dated May 15,

2023(Annexure 'P2 to the writ petition) praying family pension is pending consideration before the District Inspector of Schools (S.E), Purba Medinipur, the respondent no. 3 herein, the petitioner is seeking direction upon the said respondent for disposal of it.

The respondent no. 3, therefore, is directed to consider and dispose of the said representation in accordance with law within a period of four weeks from the date of communication of the said order, after giving the petitioner and/or her representative an opportunity of hearing.

W.P.A. 24797 of 2023 is disposed of with the above terms without any order as to costs.

Since no affidavit has been invited, the allegations made in the writ petition are deemed to have been denied by the respondents.

Parties to act on the server copy of this order duly downloaded from the official website of the Court.

(Biswajit Basu, J.)