Item No.48

IN THE HIGH COURT OF JUDICATURE AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

APPELLATE SIDE

Present:

THE HON’BLE ACTING CHIEF JUSTICE SUJOY PAUL

AND

THE HON’BLE JUSTICE PARTHA SARATHI SEN

WPCT 17 OF 2025

Union of India & Ors.

VS

Smt. B. Mallika

Appearance:-

For the Petitioner : Mr. Mukesh Kumar Gupta, Adv.

Mr. Guddu Singh, Adv.

For the Respondent : Mr. Ujjal Ray, Adv.

Heard on : 06.01.2026 Delivered on : 06.01.2026

Judgment

Per, SUJOY PAUL, ACJ.:-

1. This matter has a chequered history.

2. In this case, parties have fought a long drawn battle in the corridors of the

Court on the question of grant of family pension to a divorced daughter.

3. The crucial dates for adjudication of this matter are as under:-

i) The father of the respondent/applicant died on 20.02.1992.

ii) The mother of the respondent/applicant died on 10.06.2008.

iii) The respondent filed a matrimonial suit, being MAT 787 of 2009, which was decreed on 16.10.2010.

iv) The respondent filed a representation for grant of family pension as divorced daughter. Since representation could not fetch any result, she filed OA No.63 of 2012, which was dismissed on 6.7.2012 and the Tribunal opined that the applicant was not a family member and d