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Judgment
Jayanta Kumar Biswas, J.—The Court: The petitioner in this Article 226 petition is seeking a mandamus commanding the respondents to pay her family pension. The question is whether she has a right to family pension.
The petitioner''s husband was a primary school teacher. He died-in-harness in August 24, 1972. The petitioner claims that she submitted a representation dated September 8, 2005 requesting the District Inspector of Schools (PE), Burdwan to pay her family pension. After 2005 she did not take any further step.
There is nothing to show that the petitioner is entitled to family pension. In the representation dated September 8, 2005 she did not state the source of her right to family pension. She just wanted the district inspector of schools to pay her family pension.
Under the circumstances, I am unable to hold that though the petitioner is entitled to family pension, the respondents have failed and neglected to pay her family pension in the discharge of their corresponding obligation.
The representation dated September 8, 2005 cannot be said to be a proper claim for family pension. In my opinion, the petitioner is alleging inaction on the part of the respondents even without claiming family pension stating the source of her right and calling upon the respondents to pay her family pension.
For these reasons, the petition is dismissed making it clear that nothing herein shall prevent the petitioner from claiming family pension stating the source of her right and calling upon the respondents to pay her family pension in the discharge of their corresponding obligation, if any. No costs. Certified xerox.