Kalpana Adgiri Bera v. State Of West Bengal And ORS.

09.12.2025 Sl. No.17(DL) Ct. No.14 srm

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 25613 of 2025 Kalpana Adgiri Bera

Versus

The State of West Bengal & Ors.

Ms. Sabita Khutia (Bhunya).

Mr. Krishna Pada Santra ...for the Petitioner.

Ms. Sanchayita De ...for the State.

1.

Affidavit-of-service filed on behalf of the petitioner is taken on recford.

2.

By the present writ petition, the petitioner seeks for grant of family pension with effect from the date following the date of death of her mother i.e. from 5th August, 2021.

3.

The petitioner contends that her father late Bishnupada Adgiri joined as an Assistant Teacher in Bansda Primary School, Bansda, Police Station - Moyna, District-Purba Medinipur. The petitioner's father retired from service on superannuation on 30th September, 1984. Pension Payment Order was issued in favour of the petitioner's father in the year 1993. The father of the petitioner died on 11th August, 2019. Family pension was granted in favour of the mother of the petitioner, namely Aloka Adgiri. The petitioner's mother died on 4th August, 2021. The petitioner's

husband died on 8th September, 2015. The petitioner is the widowed daughter of the deceased employee. On 20th May, 2015, the petitioner made a representation before the District Inspector of Schools (Primary Education), Purba Medinipur as well as other authorities for grant of family pension in her favour. However, no steps have been taken. Hence, this writ petition.

4.

Ms. Sabita Khutia (Bhunya), learned Advocate for the petitioner submits that the matter be relegated to the respondent No.4, District Inspector of Schools (PE), Purba Medinipur for consideration of the prayer of the petitioner dated 20th May, 2025.

5.

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

Ms. Sanchayita De, learned Advocate, who usually appears on behalf of the State-respondents is requested to appear in this matter. The appearance of Ms. De be regularised by the concerned authority. 7.

Let a copy of the writ petition along with its annexure be served upon Ms. De, learned Advocate for the State respondents.

8.

Ms. De, learned Advocate for the State also submits that the matter be sent to the concerned authority for their consideration.

9.

In view of the above submissions advanced on behalf of the appearing parties, the respondent No.4, the District Inspector of Schools (P.E.), Purba Medinipur

is directed to consider the representation/application dated 20th May, 2025 of the petitioner for grant of family pension in her favour and dispose of the same by a reasoned order in accordance with law within a period of six weeks from date of communication of this order.

10. The reasoned order shall be communicated to the petitioner within a week of passing thereof.

11. 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.

12. With the above direction, the writ petition being WPA 25613 of 2025 stands disposed of.

13. Since no affidavits have been called for, the allegations made in the writ petition are deemed to be not admitted.

14. Interim order, if any, stands vacated.

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

16. There shall be no order as to costs.

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

18. 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.)