Maya Giri v. State Of West Bengal And ORS.

24.03.2026 Sl. No.6 Ct. No.14 Ss

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 29081 of 2025 Maya Giri

Versus

The State of West Bengal & Ors.

Mr. Prabir Maji ...for the Petitioner.

Mr. Kamal Mishra ...for the respondent no.5.

Md. Manuwar Ali Mr. Prabir Kr. Roy ... 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 direction upon the respondent authorities to grant family pension in her favour.

3.

The petitioner contends that she is the divorced daughter of the deceased employee namely, Late Atal Behari Maity, who was an Assistant Teacher of Khampti Board Primary School under the District of Purba Medinipur. The father of the petitioner retired from service on superannuation on 1st November, 1981. Pension was duly granted in favour of the father of the petitioner and he was drawing pension till his death on 4th January, 2016. The mother of the petitioner namely, Late Satadal Basini Maity predeceased her father and died on 15th July, 2005. The petitioner after demise her father, made several representations and lastly on 13th October, 2025 before the authority concerned for grant of family pension.

However, the same is still pending consideration. Hence, this writ petition.

4.

Mr. Prabir Maji, learned Advocate appearing on behalf of the petitioner submits that the petitioner has already produced relevant document in compliance to the direction of the District Inspector of Schools (PE), Purba Medinipur dated 27th August, 2025 mentioned in the said letter. He seeks that the matter be relegated to the appropriate authority for consideration of the representation of the petitioner dated 13th October, 2025 within a specified period of time.

5.

Mr. Kamal Mishra, learned Advocate appearing on behalf of the respondent no.5, the Chairman, District Primary School Council, Purba Medinipur submits that the petitioner being the divorced daughter of the deceased employee, is entitled to receive family pension.

6.

Md. Manuwar Ali, learned Advocate appearing on behalf of the State-respondents submits that the family pension can be granted to the petitioner after compliance of all formalities by producing necessary documents as depicted in the letter of the District Inspector of Schools (PE), Purba Medinipur dated 27th August, 2025.

7.

In view of the submissions advanced on behalf of the respective parties, the respondent No.4, the District Inspector of Schools (Primary Education), Purba Medinipur, is directed to consider the representation of

the petitioner dated 13th October, 2025 and dispose of the same by passing a reasoned order, in accordance with law, upon notice to the petitioner as well as other legal heirs, subject to production of necessary documents mentioned in the letter of the District Inspector of Schools (PE), Purba Medinipur dated 27th August,2025, if not already produced, within a period of twelve weeks from the date of communication of this order.

8.

The reasoned is to be communicated to the petitioner within one week from the date of passing of such order. 9.

Learned advocate for the petitioner is directed to communicate this order to the respondent no.4, the District Inspector of Schools (PE), Purba Medinipur.

10. With the above direction, the writ petition being WPA 29081 of 2025 stands disposed of.

11. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.

12. Interim order, if any, stands vacated.

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

14. There shall be no order as to costs.

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

16. 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.)