Kajal Rani Shaw v. State Of West Bengal And ORS.

13.03.2024.

Court No. 13 Item no. 64.

pk W.P.A. No. 3617 of 2024 Kajal Rani Shaw

Versus

The State of West Bengal & Ors.

Mr. Sourav Mitra, Ms. Sreyasree Choudhury ..For the petitioner.

1.

Despite service of notice, none appears on behalf of the State. Affidavit-of-service filed in Court today be taken on record.

2.

The petitioner had moved this Court on 12.12.2018 in WP 10873(W) of 2018 for some relief. Prior to the decision of the Special Bench, MAT 1518 of 2019 was disposed of by judgement dated 20th June, 2023.

The respondents did not take any step to comply with the order dated 12.12.2018.

3.

The petitioner is the unmarried daughter of Late Krishna Kanta Shaw, who was an Assistant Teacher of Basantia High School, District - Purba Medinipur, who retired on 30.09.1977 and died on 02.01.2008. The mother of the petitioner died on 01.06.1970. The petitioner applied for pension in terms of the Circular of the State No. 96-SE dated 13th April, 2010 which remain unconsidered.

4.

In those circumstances, the concerned District

Inspector of Schools (S.E.) shall consider the petitioner's representation which is appearing at page 31 of the writ petition. For the said purpose, the petitioner shall file a representation afresh enclosing the details of the pension payment order of her late father and other documents prescribed in the said Circular within a period of fifteen days from date.

5.

Upon receipt of the said representation, the concerned District Inspector of Schools (S.E.) shall dispose of the same with a reasoned order within a period of four weeks thereafter.

6.

If the concerned District Inspector of Schools (S.E.) finds that the petitioner is entitled to get pension, the same shall be released to her as expeditiously as possible, preferably within a period of one month thereafter.

7.

In this regard, the DPPG shall bear in mind the para 18-19 of the decisions of the Three Judges Bench of this Court in MAT 1518 of 2019 dated 20th June, 2023. An unmarried daughter of a person who retired before 1981 shall also come within the purview of the Circular dated 13th April, 2010.

8.

The petitioner shall be entitled to receive all arrears in terms of such Circular dated 13th April, 2010.

9.

With the aforesaid directions, the instant writ

petition shall stand disposed of.

10.

There will be no order as to costs.

11.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)