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Calcutta High Court · body

2026 DAILYLAW 29863 (CAL)

MAYA SARKAR v. STATE OF WEST BENGAL AND ANR.

WPA/16956/2025 · 2026-07-23

Reetobroto Kumar Mitra

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

23.07.2026 20 sdas WPA 16956 of 2025 Smt. Maya Sarkar Vs. The State of West Bengal & Anr. Mr. Jagadish Chandra Halder Mr. Gourab Ghosh .….. for the petitioner Mr. Ashok Kumar Jena ……for the respondent no. 2 1. The petitioner is the wife of a former employee of the Port Trust, who retired on July 31, 2020 and expired on August 15, 2022. 2. The petitioner sought for family pension from the authorities, which claim was disputed by the children, two daughters. Presently WPA 3892 of 2025, filed by the daughters, has been withdrawn and they do not have any claim in respect of the terminal benefits of the deceased employee. 3. The petitioner, however, was unable to submit the requisite documents or make an application in the prescribed format, when sought for by the authorities. The authorities, on its part, have forwarded copies of such documents in the prescribed format to assist and enable the petitioner to file the requisite application for obtaining such terminal benefits. These facts are clear from the report filed by the respondent no. 1. However, the petitioner has not 2 been able to file such documents and prays for a further opportunity to file them afresh. 4. Since the petitioner is the widow of a former employee, she is permitted to file a fresh application/representation in terms of the letter dated November 27, 2024, annexed at page no. 13 of the report. Let such application be filed by the petitioner along with all requisite documents by August 30, 2026, upon being furnished the requisite format/form by the respondent authorities by August 10, 2026, which the respondent authorities will consider and dispose of in accordance with law and if found eligible, will disburse the terminal benefits within a period of two weeks after deciding the issue. 5. Respondent no. 1 will decide this issue of the petitioner’s eligibility on the basis of the application made by her by October 15, 2026. 6. With the aforestated directions, the writ petition is disposed of. 7. Since no affidavit has been called for, the allegations made in the writ petition are deemed to have been denied. 8. There will be no order as to costs. 9. Urgent photostat certified copy of the order, if applied for, be given to the parties upon usual undertakings. (Reetobroto Kumar Mitra, J.)