Calcutta High Court
WPA/1334/2025 of PINKI SARKAR BARMAN Vs THE STATE OF WEST BENGAL AND ORS. on 13 August 2026
of 2025 A.Roy, J. Form J(2) JPD Sl.No. 33 Moumita In the High Court at Calcutta In the Circuit Bench
A.Roy, J.
Form J(2)
JPD Sl.No. 33
Moumita
In the High Court at Calcutta
In the Circuit Bench at Jalpaiguri
Constitutional Writ Jurisdiction
Appellate Side
Present:
The Hon’ble Justice Aniruddha Roy
WPA 1334 OF 2025
Pinki Sarkar Barman
Vs.
The State of West Bengal & Ors.
For the Petitioner
:
Ms. Suman Sehanabis, Adv.
Mr. Salok Sah, Adv.
Ms. Anwesha Chakraborty, Adv.
Ms. M. Barman, Adv.
For the State
:
Ms. Supriya Singh, JGP.
Ms. Nitiksha Biswakarma, Adv.
Heard on
:
August 13, 2026.
Judgment on
:
August 13, 2026.
[In Court]
Aniruddha Roy, J. :
Facts:
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1. On the prayer of Ms. Supriya Singh, learned State Advocate time to file report stands extended till today. Report filed today in Court is taken on Record. Copy has been served upon Ms. Suman Sehanabis, learned
A.Roy, J.
Advocate appearing for the petitioner. The report contains a communication dated February 18, 2026 issued by the jurisdictional District Inspector of Schools. From the said communication it appears that, certain formalities are required to be carried out by the petitioner.
2. In view of the above, the petitioner, who shall be entitled to be accompanied by an authorized representative, shall visit the jurisdictional District Inspect of School forthwith with all the necessary documents and records.
3. In the event, further records and documents are required to be furnished by the petitioner, the petitioner shall also be at liberty to do so.
4. The D.I. then shall take a decision and if it is found that, the petitioner is entitled to receive the family pension strictly in accordance with law, all consequential and necessary steps shall be taken by the D.I. The D.I. shall also send its decision to respondent no. 3 forthwith but, positively within a period of one week from the date of taking the decision. The respondent no. 3 then shall do all the needful and release the family pension positively within two weeks from the date of receiving the communication from the D.I.
5. While calculating the family pension both the D.I. and respondent no. 3 shall bear in mind the family pension shall be effected on and from the next date of the death of the husband of the petitioner and interest shall be calculated on the rate of 6% per annum from the date of the said of eligibility until the entire amount is tendered to the petitioner.
A.Roy, J.
6. Then the petitioner shall receive family pension regularly in accordance with law.
7. This order shall not create any right or equity in favour of the petitioner, if the petitioner is found not eligible to family pension, strictly in accordance with law.
8. In the event, the D.I. is of the opinion that, the petitioner is not eligible to receive the family pension in accordance with law then the D.I. must take a reasoned decision and such reasoned decision shall be communicated to the petitioner in writing.
9. The entire exercise shall be carried out and completed by the D.I. positively within eight weeks from the date of communication of this order.
10. Since affidavits are not called for, the allegations made in the writ petition are deemed not to have been admitted by the respondents.
11. With the above observations and directions, this writ petition WPA 1334 of 2025 stands disposed of, without any order as to costs.
12. Parties shall act on the basis of the server copy of this judgment duly downloaded from the official website of this Court.
(Aniruddha Roy, J.)