WPA/14342/2025 of PRATIMA GHOSH Vs STATE OF WEST BENGAL AND ORS.

03.02.2026 Sl. No. 32 Ct. No. 14 AN IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/14342/2025 SMT. PRATIMA GHOSH VS THE STATE OF WEST BENGAL AND ORS. Mr. Chandan Dutta Mr. Goutam Malik …for the Petitioner Mr. Mukti Charan Ghosh Mr. Bhaskar Chakraborty …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, particularly, respondent no. 7, the District Collector, Bankura to issue the legal heir certificate and also to direct respondent no. 4, the District Inspector of Schools (P.E.), Bankura to sanction family pension in favour of the petitioner. 3. The petitioner contends that her father late Bibhuti Bhusan Sau was an Assistant Teacher under Bishnupur North Circle, District Bankura. The petitioner’s father retired from service on superannuation on 28 th February, 1970 and died on 24th August, 1994. The pension payment order was issued on 17 th July, 2012 in favour of the mother of the petitioner. The mother of the petitioner died on 31st May, 2022. The petitioner’s husband died on 20 th June, 1992. The petitioner is the widowed daughter of the deceased employee. On 14 th May, 2025, the petitioner made representation before respondent no. 4, the District Inspector of Schools (P.E.), Bankura for grant of family pension. However, the same is still pending consideration before the authorities. Hence this writ petition. 4. Mr. Chandan Dutta, learned advocate for the petitioner through virtual mode submits that the petitioner has already been granted the legal heir certificate by respondent no. 7, the District Collector, Bankura and as such the petitioner does not press for any direction upon the respondent authorities for issuance of the same. The petitioner has already produced relevant documents before the concerned authority including the legal heir certificate. He seeks for necessary direction upon the appropriate authority for grant of family pension in favour of the petitioner. 5. Mr. Mukti Charan Ghosh , learned advocate for the State submits that the legal heir certificate is yet to be submitted before the authority concerned alongwith other documents. However, the prayer of the petitioner can only be considered in the event the petitioner produces all the relevant and required 2 documents. He files a statement of facts dated 22 nd July, 2025 submitted by the District Inspector of Schools, Primary Education, Bankura, which is taken on record. 6. In view of the above, respondent no. 4, the District Inspector of Schools (P.E.), Bankura is directed to consider the representation of the petitioner dated 14th May, 2025 and dispose of the same in accordance with law upon giving notice to the petitioner by passing a reasoned order subject to production of all relevant and required documents within a period of twelve weeks from the date of submission of such documents. 7. The reasoned order shall be communicated to the petitioner within a period of one week from the date of passing of such order. 8. Learned advocate appearing for the petitioner is directed to communicate this order to respondent no. 4, the District Inspector of Schools (P.E.), Bankura for necessary compliance. 9. With the aforesaid directions, the writ petition being WPA 14342 of 2025 is disposed of. 10. Since no affidavit is called for, the allegations made in the writ petition are deemed to have been denied. 11. There shall be no order as to costs. 12. Interim order, if any, stands vacated. 13. Connected applications, if any, stand disposed of. 3 14. 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.) 4