Smt Jharna Acharya v. State Of West Bengal And ORS.

14.07.2023 (S/L-7) Ct.-18 (P. Jana) W.P.A. 7769 of 2021 Smt. Jharna Acharya -Vs- The State of West Bengal & Ors.

Mr. Partha Sarathi Deb Barman, Mr. Golam Mohiuddin, Ms. Puja Mondal, .... For the Petitioner.

Mr. Supriyo Chattopadhyay, AGP.

Ms. Iti Dutta, ... For the State.

The husband of the petitioner was an Assistant Teacher of a Higher Secondary School. The petitioner is alleging that her husband, though entitled to, was not given the benefit of ROPA2009 and after his death, she is getting the family pension without the said benefit.

The petitioner is praying the said benefit and the arrear pension payable to her deceased husband and to her in terms of the ROPA-2009 along with interest thereon.

Mr. Supriyo Chattopadhyay, learned Additional Government Pleader, submits that the petitioner is entitled to the relief, as prayed for but to get the said benefit, the petitioner is required to apply to the concerned school.

The petitioner, therefore is directed to submit an application along with all relevant papers to the concerned school for submission of the same before the District Inspector of Schools (SE), Paschim Medinipur, the respondent no. 3 herein. The respondent no. 3, upon receipt of the said application/ papers shall send the same to the Director of Pension, Provident Fund & Group Insurance, West Bengal, the respondent no. 5 herein. The said respondent, within four weeks thereafter, shall issue revised pension payment order in favour of the petitioner.

The arrear pension accrued to the petitioner upon issuance of such revised Pension Payment Order shall fetch interest of 6 % per annum from the date such sum becomes payable till the date of actual payment.

WPA 7769 of 2021 is thus disposed of with the above terms without any order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)