Bhabani Mahata v. State Of West Bengal And ORS.

S/L 4 19.11.2024 Court No.19 SD

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 26788 of 2024 Bhabani Mahata Vs.

The State of West Bengal & Ors.

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

Mr. Sourav Chowdhury Mr. Sutanu Chakrabarti ... for the State.

Mr. Ranjan Saha ... for the DPSC, Jhargram.

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 Joyalbhanga Primary School under Jhargram East Circle, District Jhargram. She is praying for family pension. Her application is pending before the District Inspector of Schools (PE), Jhargram, the respondent no.4 herein.

Mr. Ranjan Saha, learned advocate for the Jhargram DPSC submits that all the heirs of the deceased teacher have not impleaded in the writ petition, besides the application for grant of family pension is not in form.

Learned advocate for the State submits that there is nothing on record to suggest that other heirs of the deceased teacher has given no objection in favour of the petitioner, which is necessary to consider the prayer for family pension. The petitioner is granted leave to file appropriate application in proper form for grant of family pension with all supporting documents before the respondent no.4 and if such application is filed, the said respondent shall consider the same in accordance with law.

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

WPA 26788 of 2024 is disposed of with the above terms without any order as to costs.

Parties to act on the server copy of this order duly downloaded from the official website of this Court. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance of all requisite formalities.

(Biswajit Basu, J.)