11.09.2025

SL. 53

Court no.2

b.r.

CIRCUIT BENCH OF CALCUTTA HIGH COURT

AT JALPAIGURI

APPELLATE SIDE

W.P.A. 1840 of 2025

Bina Saha

Vs.

The Union of India & Ors.

Mr. Sandip Guha Roy .... for the petitioner

Mr. Tridib Saha Mr. Sourab Kar

.... for the respondents.

Affidavit of service filed in Court today, is taken

on record.

The petitioner claims to be the widow daughter

of one Brojo Gopal Saha, since deceased (for short, the deceased employee), who was employed with the

relevant railway authority.

After the demise of the deceased employee, the

petitioner claiming herself to be the widow daughter claims family pension in terms of the prevailing policy of the concerned railway authority, annexure p-5 at page-29 to the writ petition. The petitioner claims that the difficulty being faced by the petitioner is that her brothers and sisters are not agreeable to issue the relevant no objection in favour of the petitioner to

enable her to receive the family pension from the employer-railway. The petitioner has submitted her representation dated July 4, 2025, annexure p-9 at page 43 to the writ petition before the railway authority but the same has not yet been considered.

In view of the above, the respondent no.6 upon issuing a prior hearing notice of at least seven days to the petitioner and all other interested parties and after granting them an opportunity of hearing shall dispose of the said representation dated July 4, 2025 by passing a reasoned order in accordance with law.

The entire exercise shall be carried out and completed by the respondent no.6 positively within a period of eight weeks from the date of communication of this order and the reasoned order shall be communicated to the petitioner and all other interested parties who shall attend the hearing positively within a period of two weeks thereafter.

It is made clear that this Court has not gone into the merits of the claim of the petitioner and the petitioner and other interested parties, who shall be attending the hearing shall be at liberty to urge whatever points they wish to urge by relying upon and whatever records and documents they wish to rely upon before the respondent no.6.

The family pension scheme is a benevolent scheme introduced by the employer for the benefit of the family members of the deceased employee. The law is well settled that such schemes are to be construed liberally but of course in accordance with law and within the scope of the existing scheme. In the event, the reasoned decision goes in favour of the petitioner then the necessary family pension shall immediately be released along with the arrears which shall be calculated on and from July 4, 2025, the date of the application submitted by the petitioner for the reason that as on date the petitioner has not been able to comply with the terms and conditions under the scheme by obtaining the no objection from her brothers/sisters and has not submitted the same before the employer. The non- compliance on the part of the petitioner of the terms and conditions of the scheme, shall not be attributed to the employer. However, if the employer exercises its discretion judiciously, it will be open for the employer to use such discretion.

In the event, the reasoned decision goes in favour of the petitioner then the appropriate authority of the employer shall give an immediate effect thereto in accordance with law but positively within a period of six weeks from the date of the said reasoned order to be passed.

It is made clear that this order shall not create any right or equity in favour of the petitioner if the petitioner does not succeed to her claim before the respondent no.6 strictly in accordance with law but then again, the respondent no.6 shall be at liberty to exercise its discretion judiciously.

Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.

With the above observations and directions, this writ petition, WPA 1840 of 2025 stands dispos