Back
IN THE HIGH COURT AT CALCUTTA
BIVAS PATTANAYAK
Asera Khatun – Appellant
Versus
State of West Bengal – Respondent
Judgment :
Bivas Pattanayak, J.
1. Report filed by the State furnished by the District Inspector of Schools (Primary Education), Malda dated 16th February, 2026 is taken on record.
2. By the present writ petition, the petitioner seeks for setting aside and/or quashing of and/or withdrawal of the impugned order dated 9th December, 2025 passed by respondent no. 5, the District Inspector of Schools (Primary Education), Malda (Annexure P/5) rejecting the prayer of the petitioner for grant of entire family pension.
3. The petitioner’s husband retired from service on superannuation on 1st January, 1992 and expired on 30th July, 2003. At the time of death, the husband of the petitioner was survived by three wives. The family pension was released in favour of the surviving three wives in equal shares. Subsequent thereto, the first wife, namely, Anwara Khatun died on 9th August, 2003 and the second wife, namely, Afroza Khatun died on 13th September, 2017. Neither the first nor the second wife left behind any minor child. Upon demise of the second wife, the divorcee daughter of the second wife namely Meherun Nessa made a representation before the authority concerned seeking share of family pensi
The main legal point established in the judgment is the entitlement of the sole surviving widow to full family pension as per Rule 6.17, Volume-II of the Punjab Civil Services Rules, and the inapplic....
The entitlement of a divorced daughter to a share of the family pension under the Central Civil Services (Pension) Rules, 1972 and relevant office memorandums.
Family pension claims cannot be contingent on a testamentary disposition; entitlement is based on recognized marital status and official dependency designations, without requiring succession certific....
Unchallenged civil court declaration of legal wedlock binds employer-participant via estoppel and res judicata for family pension, overriding non-notification under pension rules.
A putative second wife, whose marriage to the deceased is void under the Hindu Marriage Act, is not entitled to family pension under the Pension Rules.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
