5 25.08.2026 sb Ct.3. IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 27376 of 2025 Smt. Mita Som Versus The State of West Bengal & Ors. Mr. Partha Sarkar Mr. Abhijit Basu Ms. Megha Sarkar … For the petitioner. Mr. Sourya Mukherjee Mr. Pratap Kumar Yadav … For the State Mr. Subhasis Bandopadhyay … For the municipality. 1. The instant writ petition has been filed, inter alia, praying for a direction upon the respondent nos. 2, 3 and 5 i.e. the Director of Local Bodies, the Director of Pension, Provident Fund & Group Insurance, Government of West Bengal and the Chairman, Burdwan Municipality, to enter the name of the husband of the petitioner in the IOSMS portal for approval of employees profile for e-pension and to release family pension and gratuity in favour of the petitioner. 2. The petitioner claims that pursuant to the resolution adopted by the Burdwan Municipality vide memo dated 2nd August, 2001, the municipality had appointed the petitioner’s husband in the sanctioned 2 WPA 27376 of 2025 vacant post of Road Collie with a pay scale of Rs.2600-4175 with effect from 6th August, 2001. Subsequently, by a communication dated 4th March, 2022, the petitioner’s husband was intimated that he will be superannuated on 31st October, 2023, and accordingly was directed to submit the requisite form relating to disbursal of pension with the accounts department. The petitioner contends that the petitioner’s husband had, after rendering 23 years of service, superannuated on 31st October, 2023 and prior to his retirement had submitted all pension relating documents with the concerned authorities for taking necessary steps for disbursal of retiral benefits. Unfortunately, before the Pension Payment Order (PPO) could be issued, the petitioner’s husband died on 10th June, 2024. The petitioner claims to be the widow and nominee, to be entitled to the family pension and gratuity as payable to her husband. Although, the petitioner had duly made representation with the appropriate authorities, the same did not yield any result. 3. Mr. Sarkar, learned advocate appearing in support of the writ petition by placing before this Court the document dated 26th May, 2025, annexed as Annexure-P4 to the writ petition would submit that the Director of Local Bodies, West Bengal, by the above document had observed that the appointment 3 WPA 27376 of 2025 of the employees of Burdwan Municipality which have been detailed in Annexure-A to the said letter comes within purview of the Government Order dated 6th February, 2023, and as such the profiles of the 18 employees noted therein may be entered in the IOSMS portal if they are in service or retired after 1st September, 2021, for approval of the employee profile from the end of the Director of Local Bodies. 4. When the matter was taken up for consideration on 21st July, 2026, the respondents were directed to produce the records of this case. Although, the respondents have not produced the records, however, both the Director of Local Bodies as also the Director of Pension, Provident Fund & Group Insurance have filed separate reports dated 18th August, 2026 and 19th August, 2026 respectively, which are taken on record. 5. From the report filed by the Director of Local Bodies it would transpire that the employment of the petitioner’s husband was approved by the Director of Local Bodies vide memo dated 26th May, 2025 as the same came within the purview of the Government Order dated 6th February, 2023, issued by the Secretary, UD & MA Department. The petitioner’s husband’s name has also been approved in IOSMS portal, the portal maintains the database of the employees of all the Urban Local Bodies who had 4 WPA 27376 of 2025 retired from service after 1st September, 2021. The said report further records that the service book was verified by the Directorate of Local Bodies and the same was taken back by the Burdwan Municipality on 23rd June, 2026. 6. Insofar as Director of Pension, Provident Fund & Group Insurance is concerned it is stated that till date, the pension sanctioned authority i.e. the Chairman has not forwarded the pension papers to the concerned Director of Pension, Provident Fund & Group Insurance. 7. The municipality is represented and has also filed a report dated 4th August, 2026. Let the same be also taken on record. 8. From the aforesaid report it would transpire that the matter is still pending at the level of the Urban Local Body and call log is also pending with the Director of Local Bodies level. 9. Having heard the learned advocates appearing for the respective parties, I find that the appointment of the petitioner’s husband has already been approved by the Director of Local Bodies vide order dated 26th May, 2025 in terms of the Government Order dated 6th February, 2023 issued by the Secretary, UD & MA Department. In the backdrop as aforesaid, I am of the view that the pension file cannot be held back any further by the municipal authorities. The same should 5 WPA 27376 of 2025 forthwith be forwarded to the concerned Director of Pension, Provident Fund and Group Insurance for the said authority to take appropriate steps in the matter. It is also made clear that if, any work is outstanding at the end of Director of Local Bodies, the Director of Local Bodies shall forthwith process the same. 10. Since, there is no dispute as regards the entitlement of the petitioner’s husband to pension and gratuity, the family pension payable to the petitioner should not be held back. 11. Accordingly, it is directed that the concerned authorities including the Director of Pension, Provident Fund and Group Insurance, Director of Local Bodies and the municipality shall act in tandem and process all necessary documents for issuance of PPO within four weeks from the date of communication of this order. 12. Since no other issue survives, the writ petition stands disposed of. Urgent Photostat certified copy of this order, if applied for be given to the parties upon compliance with the requisite formalities. (Raja Basu Chowdhury, J.)