MOUSUMI KUMARI KABIRAJ @ MOUSUMI ROY v. STATE OF WEST BENGAL AND ORS.
WPA/8225/2026 · 2026-08-17
Amrita Sinha
body2026
DailyLaw.ai
[ 2026 DAILYLAW 35328 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 35328 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
S/L 13 17.08.2026 Court No.24 SD
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION
WPA 8225 of 2026
Mousumi Kumari Kabiraj @ Mousumi Roy Vs. The State of West Bengal & Ors. Mr. Bhagbat Chaudhuri … for the Petitioner. Mr. Mrinal Kanti Sardar … for the State. 1. Affidavit of service filed in Court today be kept with the records. 2. The petitioner claims to be the widow of one Tapan Kumar Roy who was an Assistant Teacher of a school. The teacher retired from service on January 31, 2017. PPO was issued in favour of the teacher w.e.f. February 1, 2017 disclosing the name of his wife as Mousumi Roy. 3. The petitioner’s aadhar card, PAN card, bank account and the service book of her husband records her name as Mousumi Kumari Kabiraj. It is only the PPO where her name has been mentioned as Mousumi Roy. 4. Learned advocate for the petitioner submits that application was made by the petitioner before the school authority for changing her surname from Kumari Kabiraj to Roy. The school has forwarded the request for change of surname to the District Inspector of Schools (SE), Hooghly by communication made in
2 December 2025. The husband of the petitioner expired on December 28, 2024. 5. Prayer has been made to direct the respondents to rectify the records so that the petitioner is able to receive family pension. 6. Learned advocate representing the State respondents relies on the instruction forwarded by the District Inspector of Schools (SE), Hooghly signed on July 24, 2026 wherein it has been mentioned that in terms of the Memo No.3990-F dated May 4, 2025 of the Finance Department of the State, the appointing authority is the competent authority to change the surname. The District Inspector of Schools (SE) being the Pension Sanctioning Authority has no role regarding change the surname. 7. In the instant case, it appears that the school has forwarded the request for changing the surname of the petitioner to the District Inspector of Schools. The same implies that the school is unaware of the formalities required to be complied with for effecting the necessary changes. 8.
In view of the above, the instant writ petition stands disposed of by directing the District Inspector of Schools (SE), Hooghly to guide the school authority in proper manner so that the change of the surname of the petitioner is recorded without any further delay. 3
9. Without changing the surname of the petitioner, she would not be in a position to receive her family pension despite her name being reflected in the PPO issued in favour of her deceased husband. 10. All steps shall be taken by the District Inspector of Schools to ensure that the petitioner receives her family pension at the earliest but positively within ninety days from the date of communication of this
order.
11. The writ petition stands disposed of.
12. All parties are to act on the server copy of this
order duly downloaded from the official website of this court.
13. Certified server copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.
(Amrita Sinha, J.)