Pritish Biswas vs State of West Bengal & Ors

Bivas Pattanayak, J

Report filed on behalf of the respondent No.3, District Inspector of Schools (SE), South 24-Parganas dated 8th August, 2025 is taken on record.

By the present writ petition, the petitioner seeks for sanction of family pension in his favour along with terminal benefits of his wife.

The petitioner contends that his wife, namely, Pallabi Basak was appointed as an Assistant Teacher of English in Rahamania High Madrasah. She joined service on 26th October, 2007. The wife of the petitioner died on 9th February, 2014 leaving behind her husband, the petitioner herein and her only son Aniran Biswas as her only legal heirs. The petitioner approached the office of the respondent No.3, District Inspector of Schools (SE), South 24-Parganas for release death benefits of his wife including family and death gratuity. However, no steps have been taken. Hence, this writ petition.

Mr. Mrinal Kanti Sardar, learned Advocate for the petitioner submits that specific direction be issued upon the respondent No.3 for sanctioning of the family pension including death gratuity and other terminal benefits in favour of the petitioner.

Mr. Ejaz Hossain, learned Advocate representing State-respondents submits that since the legal heir certificate has not been received from the concerned office the office of the District Inspector of Schools (SE), South 24-Parganas is not in a position to grant such pension and other terminal benefits to the petitioner.

Learned Advocate for the petitioner at this stage informs the Court that the legal heir certificate has already been issued to the petitioner by the Block Development Officer, Sonarpur.

In view of the above, the writ petition is disposed of directing the respondent No.3, District Inspector of Schools (SE), South 24-Parganas to process the sanctioning of family pension and other terminal benefits in favour of the petitioner subject to submission of legal heir certificate before the office as expeditiously as possible preferably within a period of two months from the date of submission of legal heir certificate.

With the above direction, the writ petition being WPA 1120 of 2025 stands disposed of.

Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.

Interim order, if any, stands vacated.

All connected applications, if any, stand disposed of.

There shall be no order as to costs.

All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.