Nazma Banu v. The State Of West Bengal And ORS

15 01.08.2023 jb.

Jdt.

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction WPA No. 1578 of 2023 Nazma Banu

Versus

State of West Bengal & Ors.

Mr. Debajit Kundu ...for the Petitioner Mr. Hirak Barman Ms. Bedashruti Bose ...for the State Affidavit of service filed on behalf of the petitioner is taken on record.

It is contended on behalf of the petitioner that the petitioner's husband Abu Taher was an Assistant Teacher of Saontalpur Mission High School (H.S.) and superannuated on 31st January, 2018. Pension payment order was issued in favour of the said employee on 7th February, 2020 and pensionary benefit was released in his favour on 13th February, 2020. The employee expired on 28th April, 2020. The petitioner, being the widow of the employee applied before the concerned authority on 2nd March, 2020 for revision of the pensionary benefits in terms of ROPA 2019. The application is yet to be considered. The petitioner prays for a

direction upon the authority to consider the application at the earliest.

It is submitted on behalf of the respondents that the 3rd and 4th respondents be directed to consider the representation in accordance with law. In view of the above, the writ petition is disposed of directing the 3rd and 4th respondents to consider and dispose of the application submitted by the petitioner dated 2nd March, 2020 within one month from the date of communication of this order upon affording reasonable opportunity of hearing to the petitioner, in accordance with law.

The decision taken by the authority shall be communicated to the petitioner within a week thereof.

Necessary consequential steps be taken by the authority within one month of the disposal of the application.

There shall be however, no order as to costs. Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted.

Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities.

(Suvra Ghosh, J)