Sambit Goswami Vs the State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

Sambit Goswami Vs the State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Mandamus-type direction to respondent nos. 1 and 3 to consider the petitioner's disability pension claim after affording an opportunity of hearing to the petitioner or his legal representative and to pass a reasoned and speaking order within four weeks; if entitlement is found, pension to be released within two weeks thereafter. Writ disposed of.

Issue for consideration

Whether the respondent authorities are obliged to consider and decide the petitioner's pending claim for disability pension, the petitioner being a 100% disabled person whose claim has been left neither granted nor rejected since 1998 despite representations and a legal notice.

Court's answer

This Court finds that the petitioner has been approaching the authorities since the year 1998 for grant of disability pension, but the authorities have neither rejected the claim nor allowed it, despite several communications between the petitioner and the authorities.

Ratio / Principle

Respondent nos. 1 and 3 are directed to consider the petitioner's request for grant of disability pension by giving an opportunity of hearing to the petitioner or his legal representative and to pass a reasoned and speaking order within four weeks from date; if the authorities find the petitioner entitled, the pension shall be released within two weeks thereafter.

Detailed headnote1 paragraphs

Writ Petition (WPA 7735 of 2025) — Disability pension — Petitioner certified 100% disabled by Medical Board on 11.11.1998 and applied for disability pension from the Government of West Bengal — Claim pending since 1998: competent authority (March 4, 2009) routed him to the Department of Social Welfare; Commissioner (Disabilities), West Bengal sought documents (August 30, 2011) which were filed on December 19, 2011; legal notice of January 7, 2025 forwarded by the Joint Secretary to the District Magistrate, South 24 Parganas on January 14, 2025 — Authorities neither rejected nor allowed the claim despite several communications — Court directs respondent nos. 1 and 3 to consider the claim after giving an opportunity of hearing to the petitioner or his legal representative and to pass a reasoned and speaking order within four weeks; pension, if found payable, to be released within two weeks thereafter — Writ disposed of.

S/L 12 10.06.2026 Court. No. 25 Sourav

WPA 7735 of 2025

Sambit Goswami Vs.

The State of West Bengal & Ors.

Ms. Shohini Chakrabarty

… for the petitioner.

In spite of service of notice, none appears on behalf of the State.

The affidavit-of-service and the notice issued by the petitioner recently served upon the State be kept with the record.

The grievance of the petitioner in the present writ application is that the petitioner is 100% disabled person and has applied for disability pension from the Government of West Bengal. Though the application filed by the petitioner was taken into consideration by the authorities, but till date, no pension has been released.

Learned counsel appearing for the petitioner submits that lastly on January 7, 2025, the petitioner has sent a legal notice to the authorities for consideration of the case of the petitioner for grant of disability pension and on receipt of the said notice, the Joint Secretary to the Government of West Bengal has forwarded the same to the District Magistrate, South 24 Parganas on January 14, 2025 with a direction to look into matter and take necessary action and also to send action report but in spite of the same, till date no action has been taken by

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the authorities for release of the disability pension to the petitioner.

Considered the submission made by the learned counsel for the petitioner.

This Court finds that on 11.11.1998, the Medical Board has issued the disability certificate wherein it reveals that the petitioner is 100% disabled person. On March 4, 2009, the competent authority has informed the petitioner to apply before the Secretary to the Government of West Bengal, Department of Social Welfare for grant of disability pension. On receipt of the same, the petitioner has made representation to the competent authority and the competent authority has forwarded the matter of the petitioner from one department to other department but no action has been taken. On August 30, 2011, the Commissioner (Disabilities), West Bengal has directed the petitioner to submit some documents and accordingly, on December 19, 2011, the petitioner has submitted all the documents as desired by the authorities. On receipt of the said documents, the authorities have forwarded the matter of the petitioner to the competent authority for consideration but all in vain.

This Court finds that on January 7, 2025, the petitioner through his learned advocate has sent a legal notice to the authorities for grant of disability pension. On January 14, 2025, the Joint Secretary has requested the District Magistrate, South 24 Parganas to look into the

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matter and take appropriate action but till date no action has been taken.

In view of the above, this Court finds that the petitioner is approaching the authorities since the year 1998 for grant of disability pension but neither the authorities have rejected the claim of the petitioner nor have allowed though several communications have been made between the petitioner and the authorities.

In view of the above, this Court directs the respondent nos. 1 and 3 to consider the request of the petitioner for grant of disability pension to the petitioner by giving an opportunity of hearing to the petitioner or his legal representative and to pass a reasoned and speaking order within a period of four weeks from date. If the authorities find that the petitioner is entitled to get disability pension, the same shall be released in favour of the petitioner within two weeks thereafter.

WPA 7735 of 2025 is disposed of.

Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities.