Manas Kumar Mukherjee v. State Of West Bengal And ORS.

13.03.2024.

Court No. 13 Item no. 68.

pk W.P.A. No. 5398 of 2024 Sri Manas Kumar Mukherjee

Versus

The State of West Bengal & Ors.

Mr. Subhrangsu Panda ..For the petitioner.

1.

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

2.

The petitioner is a disabled son of Late Ranjit Kumar Mukherjee who was an Assistant Teacher of Bankadaha High School, DistrictBankura. He retired on 31.08.1995 and died on 12.11.2020. The mother of the petitioner died on 15.05.2015 much prior to the death of the father of the petitioner.

3.

The petitioner is a 80% disabled person.

Disability certificate has been issued by the competent authority. The petitioner applied for family pension for life to children suffering from disorder/disability of mind or are physically disabled of the teaching and non teaching child of the Non-Govt. aided educational institutions being Notification No. 325-SE(B) dated 5th September, 2005, which is still unconsidered. 4.

The petitioner submits that several communications made by and between DPPG

and the concerned D.I. and the petitioner complied all the necessary formalities. Despite the petitioner has not received any pensionary benefits.

5.

In those circumstances, the concerned District Inspector of Schools (SE), Bankura and the DPPG is directed to consider the petitioner's case, who is a locomotor disabled person within a period of one month from the date, the concerned respondent authorities bearing in mind the certificate issued by the district hospital, Bishnupur ar page 67 of the writ petition is to be taken into consideration and release the pensionary benefits as expeditiously and preferably within a period of one month from date.

6.

The petitioner is entitled to receive all arrears as per circular dated 5th September, 2005 with effect from the next date of death of the father of the petitioner.

7.

With the aforesaid directions, the instant writ petition shall stand disposed of.

8.

There will be no order as to costs.

9.

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.)