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Calcutta High CourtWPA/27887/2025disposed

Usha Rani Mali v. State Of West Bengal And ORS.

2026-01-19Hon'Ble Justice Bivas Pattanayak3 pages

19.01.2026 Item No. 14 Ct. No. 14 IN THE HIGH COURT AT CALCUTTA AN CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 27887 of 2025 Usha Rani Mali vs.

State of West Bengal & ors.

Mrs. Sabita Khutia (Bhunya) ... for the petitioner Mr. Sarvesh Chandra Srivastava Ms. Payel Mitra ... 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 for disbursement of family pension in her favour with effect from the date following the date of death of the mother of the petitioner.

3.

The petitioner contends that her father, late Bankim Bihari Mali was an Assistant Teacher in Barada Raja Ram Pur Primary School, Sutahata, District Purba Medinipur. The father of the petitioner retired from service on superannuation in the year 1970 and died on 24th August, 1995. The pension payment order was issued in favour of the petitioner's mother viz. Sandhya Rani Mali on 24th December, 2012 and she was granted the family pension. The petitioner's mother died on 28th July, 2022. The petitioner is the

unmarried daughter of the deceased employee. On 15th September, 2025, the petitioner made a representation before respondent no. 5, the District Inspector of Schools (P.E.), Purba Medinipur as well as other authorities for grant of family pension in her favour, however, the same is still pending with the authority. Hence this writ petition.

4.

Mrs. Sabita Khutia Bhunya, learned advocate appearing for the petitioner submits that the matter be relegated to the appropriate authority for considering the representation of the petitioner dated 15th September, 2025 (annexure P-6) in accordance with law.

5.

Mr. Sarvesh Chandra Srivastava, learned advocate representing the State also submits that the matter be sent to the appropriate authority for taking a decision on the representation of the petitioner dated 15th September, 2025 (annexure P-6).

6.

In view of the above submissions advanced by the learned counsel for the parties, respondent no. 5, the District Inspector of Schools (P.E.), Purba Medinipur is directed to consider the representation of the petitioner dated 15th September, 2025 (annexure P-6) and dispose of the same in accordance with law upon notice to the petitioner by passing a reasoned order within a period of eight weeks from the date of communication of this order. In the event, the

petitioner is found entitled to family pension, respondent no.5 shall take all consequential steps. 7.

The reasoned order shall be communicated to the petitioner within a week from the date of passing of such order.

8.

Learned advocate for the petitioner is directed to communicate this order to respondent no.5, the District Inspector of Schools (P.E.), Purba Medinipur for necessary compliance.

9.

With the above directions, the writ petition being WPA 27887 of 2025 stands disposed of.

10.

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

11.

Consequently, connected applications, if any, also stand disposed of.

12.

Interim orders, if any, stand vacated.

13.

There will be no order as to costs.

14.

All parties to act on the server copy of this order duly downloaded from the official website of this Hon'ble Court.

15.

Urgent certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities. (Bivas Pattanayak, J.)