Extracted from the PDF above. The PDF is authoritative.
22.09.2026 Sl. No.41(DL) Ct. No.14 srm
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE
W.P.A. No. 7951 of 2026 Bithika Sahoo Versus The State of West Bengal & Ors. Mr. Dilip Kumar Sadhu
…for the Petitioner. Mr. B.K. Singh,
Mr. Barun Ghosh …for the State. 1. Affidavits-of-service filed on behalf of the petitioner are taken on record. 2. On the prayer of the learned Advocate for the petitioner, leave is granted to file supplementary affidavit. 3. Supplementary affidavit filed on behalf of the petitioner is taken on record. Copy served. 4. Report filed by the State furnished by the District Inspector of Schools (PE), Purba Medinipur dated 21st August, 2026 is taken on record. 5. By the present writ petition, the petitioner seeks direction upon the respondent authorities for grant of family pension in her favour being the unmarried daughter with the effect from the date of entitlement till the date of actual payment along with interest @ 18% per annum. 2
6. The petitioner contends that her father late Rabindra Behari Sahoo was a Head Teacher in Babunara Primary School, District-Purba Medinipur, who retired from service on superannuation 31st March, 1979 and expired on 31st March, 1991. At the time of death, father of the petitioner was receiving family pension. Mother of the petitioner died on 19th February, 2024. The petitioner is the unmarried daughter of the deceased employee. On 17th February, 2026, the petitioner made a representation before the respondent No.4, District Inspector of Schools (P.E.), Purba Medinipur seeking grant of family pension. However, the same is pending consideration. Hence, this writ petition. 7. Mr. Dilip Kumar Sadhu, learned Advocate for the petitioner submits that as per the order of Hon’ble Special Bench of this Court passed in The State of West Bengal & Ors. versus Sabita Roy (In Re: MAT 1518 of 2019) the petitioner being the unmarried daughter of the deceased employee is entitled to family pension. He seeks that the matter be relegated to the appropriate authority for taking a decision on the representation of the petitioner. 8. Mr. B.K. Singh, learned Advocate for the State concedes to such submission. 9.
In view of such submission, the respondent No.4, the District Inspector of Schools (P.E.), Purba Medinipur is directed to consider the representation of the petitioner
3 dated 17th February, 2026 and dispose of the same upon notice to the petitioner as well as other legal heirs of the deceased employee strictly in accordance with law by passing a reasoned order within a period of eight weeks from date of communication of this order. 10. The reasoned order shall be communicated to the petitioner within a week of passing of such order. 11. Learned Advocate for the petitioner is directed to communicate this order to the respondent No.4, the District Inspector of Schools (P.E.), Purba Medinipur, for necessary compliance. 12. With the above direction, the writ petition being WPA 7951 of 2026 stands disposed of. 13. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 14. Interim order, if any, stands vacated. 15. All connected applications, if any, stand disposed of. 16. There shall be no order as to costs. 17. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 18. 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.)