256 13.07.2026 Court No.24 pg. IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 1221 of 2026 Susama Tripathy -versus The State of West Bengal & Ors. Mr. Balai Lal Sahoo Mr. Amit Bikram Mahata …For the Petitioner Ms. Tapasi Palit Sinha Ms. Renesa Dey … For the State 1. Affidavit-of-service filed in Court today is taken on record. 2. The petitioner’s prayer seeking grant of family pension to the unmarried daughter of a deceased pensioner who expired prior to coming into effect of the Death-cum-Retirement Benefit Scheme, 1981 has been rejected by the authority with the observation that no such scheme exists. 3. It appears that the issue as to whether unmarried daughters will be entitled to receive family pension has been conclusively decided by the Larger Bench of this Court on 20th June, 2023 in a batch of appeals, first of which is MAT 1518 of 2019 with CAN 2 of 2019 (Old No.CAN 10437 of 2019) (The State of West Bengal and Others v. Sabita Roy) wherein the Court held that the unmarried daughter of the deceased pensioner would be entitled to receive family pension. 2 4. The petitioner made further representation for grant of family pension in her favour in November, 2025. The same is pending consideration till date. 5. As the issue in question has been decided by the Court, accordingly, the instant writ petition stands disposed of by directing the District Inspector of Schools (SE), Paschim Medinipur to take necessary steps for consideration of the petitioner’s representation for grant of family pension to the unmarried daughter strictly in the light of the law laid down by the Court in the matter of Sabita Roy (supra) at the earliest but positively within a period of twelve weeks from the date of communication of this order. 6. The formalities required to be complied with by the petitioner shall be intimated to her. 7. On compliance of all necessary formalities, steps shall be taken for grant of family pension if the petitioner is found entitled to the same. 8. Learned advocate for the petitioner is directed to forward to the aforesaid respondent all relevant documents in support of her claim for family pension at the time of communicating the order of the Court. 9. All parties shall act on the basis of a server copy of this order duly downloaded from the official website of this Court. 10. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Amrita Sinha, J.)