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Calcutta High CourtWPA/29048/2025disposed

Indrani Jana v. State Of West Bengal And ORS.

2026-02-23Hon'Ble Justice Bivas Pattanayak3 pages

23.02.2026 Sl. No.16(DL) Ct. No.14 srm

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 29048 of 2025 Indrani Jana

Versus

The State of West Bengal & Ors.

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

Sm. Samim Ullah ...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 her father, late Mihir Kumar Khatua was an Assistant Teacher in Babukhabard Primary School, District-Purba Medinipur. The petitioner's father retired from service on superannuation on 31st December, 1995. The Pension Payment Order was issued in favour of the father of the petitioner on 14th March, 1998. The petitioner's father died on 25th January, 2016 while receiving monthly pension.

The mother of the petitioner predeceased her father and died on 27th November, 2013. The husband of the petitioner died on 12th July, 2019. The petitioner has one sister and four brothers who are the surviving legal heirs of the deceased employee. The petitioner is the widowed

daughter of the deceased employee. On 7th August, 2025, the petitioner made a representation before the respondent No.4, the District Inspector of Schools (P.E.), Purba Medinipur for grant of family pension. However, the same is pending consideration. Hence, this writ petition.

4.

Mr. Dilip Kumar Sadhu, learned Advocate for the petitioner submits that matter be relegated to the appropriate authority for consideration of the representation of the petitioner dated 7th August, 2025 in accordance with law.

5.

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

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

7.

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

8.

Sm. Samim Ullah, learned Advocate for the State submits that the matter be sent to the appropriate authority for due consideration.

9.

Accordingly, the respondent No.4, the District Inspector of Schools (P.E.), Purba Medinipur is directed to consider the representation of the petitioner dated 7th August, 2025 (Annexure P-6) and dispose of the same in accordance with law upon notice to the petitioner as well as other legal heirs within a period of

12 weeks from date of communication of this order by passing a reasoned order.

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

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 29048 of 2025 stands disposed of.

13. Since no affidavits have been called for, the allegation made in the writ petition is 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.)