Manjula Das v. 1state Of West Bengal And ORS

06.03.2023 d.p.

Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction W.P.A. 2087 of 2022 Manjula Das -versus The State of West Bengal & Ors.

Mr. Bikramaditya Ghosh, Mr. Pretom Das.

...For the State.

None appears on behalf of the petitioner on repeated occasions.

The petitioner seeks a direction for consideration of her prayer for grant of family pension.

Learned advocate appearing for the State respondents is yet to receive any instruction in the matter.

From the documents annexed to the writ petition, it appears that the petitioner claims to be the unmarried sister of a retired primary school teacher. She prays for grant of family pension on the death of the retired teacher.

The representation filed before the District Inspector of Schools (P.E.), Cooch Behar is pending consideration till date.

Without proper instruction from the parties, it is not possible for the Court to decide the issue conclusively.

In view of the above, the instant writ petition is disposed of by directing the respondent no. 3 being the District Inspector of Schools (P.E.), Cooch Behar to consider the representation filed by the petitioner in March 2019 upon giving an opportunity of hearing to all the necessary parties.

A decision shall be taken in the matter in accordance with law, at the earliest, but positively within a period of six weeks from the date of communication of this order.

It is made clear that this Court has not entered into the merits of the claim of the petitioner and all points are left open to be decided by the aforesaid respondent at the time of consideration of the representation of the petitioner.

The petitioner is directed to forward a copy of the representation dated 8th March, 2019 along with all documents in support of her claim to the aforesaid respondent at the time of communicating the order of the Court.

The writ petition stands disposed of.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)