Sarojini Maity v. State Of West Bengal And ORS.
05.03.2021 adeb Sl. 20 Ct. 15 W.P.A. 3805 of 2021 Sarojini Maity Vs.
The State of West Bengal & Ors.
Mr. Sourav Mitra Mr. Biswajit Mal ........for the Petitioner Mr. Bhaskar Prasad Vaisya Mr. Ranjan Saha ..for the State Let affidavit-of-service filed in Court today is kept with the record.
The petitioner has filed the present writ petition for a direction upon the respondent authorities, particularly the District Inspector of Schools ( PE), Purba Medinipur, the respondent no. 3 to forward all papers pertaining to the family pension of the petitioner who is a widowed daughter of the deceased who was an Assistant Teacher of Knacheswar Primary School, Purba Medinipur.
Mr. Sourav Mitra, learned advocate for the petitioner submits that the petitioner's father who retired on 31.12.1987 and then died on 1.4.2007. Thereafter, the petitioner's mother was enjoying the family pension. Unfortunately, the petitioner's mother also died on 11.06.2016 leaving behind the petitioner being widowed daughter, three unmarried daughter and two married son. Thereafter, the petitioner made a representation on 10.02.2020 before the District Inspector of Schools ( P.E.), Purba Medinipore for granting family pension to the petitioner being a widowed daughter of deceased teacher. Mr. Mitra further submits that till date no step has been taken by the District Inspector of Schools ( P.E.), Purba
Medinipore to forward the papers pertaining to the family pension of the petitioner to the Secretary, School Education Department. Hence, the present writ petition. Learned advocate for the State submits that since the petitioner has already made a representation before the concerned District Inspector of Schools for sending all papers to the Secretary to the School Education Department, therefore, the District Inspector of Schools (P.E.), Purba Medinipore the respondent no. 3 is under an obligation to forward all papers pertaining to the family pension for disbursement in favour of the petitioner who is a widowed daughter of the deceased teacher.
Considering the submissions as advanced by the learned advocate appearing for the parties and after perusing the records, I direct the District Inspector of Schools (PE), Purba Medinipore, the respondent no. 3 to forward all papers pertaining to the disbursement of the family pension in favour of the petitioner being the widowed daughter of deceased primary teacher to the Secretary, School Education Department within three weeks from the date of communication of this order. The Secretary, School Education Department after receiving those papers will take a decision in accordance with law for disbursement of the family pension in favour of the petitioner, being the widowed daughter of the deceased primary teacher, within eight weeks after giving an opportunity of hearing to the petitioner or her authorised representative and thereafter communicate the reasoned decision to the petitioner within one week.
Needless to mention, at the time of taking decision, the Secretary, School Education Department shall take into account the Memo No. 95 (80)-SE ( B)/1M112/2008 dated 13th April, 2010 ( appears at page 29 of the writ petition)
and also consider the Hon'ble Division Bench decision passed in MAT 119 of 2014 ( Kumari Reba Ghosh Vs. The State of West Bengal & Ors.) passed on 28th October, 2014. Needless to mention, after hearing if it is found by the Secretary, School Education Department that the petitioner is entitled to enjoy the family pension, being the widowed daughter of deceased teacher, then the Secretary will forward all documents to the Director, Pension Provident Fund and Group Insurance, Government of West Bengal, Kolkata, the respondent no. 2 for taking appropriate step within two weeks.
With this direction, the writ petition is disposed of. No order as to costs.
Urgent photostat certified copy of this order, if applied for, be given to the parties on urgent basis. (Rajarshi Bharadwaj, J.)