Tapati Dinda v. State Of West Bengal And ORS.

30.03.2026 Item No. 20 Ct. No. 14 IN THE HIGH COURT AT CALCUTTA AN CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 7937 of 2025 Tapati Dinda vs.

State of West Bengal & ors.

Mr. Bidhan Biswas ... for the petitioner Mr. Rezaul Hossain ... for the State Md. Sarwar Jahan Ms. Mousumi Mitra Ms. Tapati Sarkar Mr. Kaustav Roy Ms. Shalini Sen Ms. Sahina Parvin Mr. Soumojit Roy Choudhury ... for the Mission Director 1.

By the present writ petition the petitioner seeks for direction upon the respondent authorities for disbursement of terminal benefits of Rs. 3,00,000/- as per Memorandum No. 760-ES/EE/10M-13/2021 dated 12th February, 2021. 2.

The petitioner contends that her husband late Tapan Kumar Dinda was engaged as Samprasarak in Ahammadpur Srikanta Madhyamik Shiksha Kendra, village Ahammadpur, Post Office Dakshin Kalyanpur, Police Station Ramnagar, District Purba Medinipur on and from 2nd May, 2005. The petitioner's husband died-in-harness on 27th April, 2021 at the age of 55 years after rendering more than 10 years of continuous service. The deceased left behind the petitioner and one son as his legal heirs. The husband of the petitioner opted in terms of the order

under Memo No. 1035(23) / Mission-432 / 2019 dated 20th December, 2019 to accept his retirement at 60 years of age and for having the similar benefits at par with the para teachers working under the School Education Department, Government of West Bengal. By the memorandum dated 12th February, 2021, one time terminal benefit of Rs. 3,00,000/- were extended to the S.S.K.s and M.S.K.s of attending 60 years of age with effect from 1st February, 2021. Thus, the legal heirs of the deceased are entitled to the amount of Rs. 3,00,000/- in terms of the aforesaid Memorandum. On 3rd March, 2025, the petitioner made a representation before the Mission Director, Paschim Banga Rajya Shishu Shiksha Mission, Government of West Bengal for release of the terminal benefit amounting to Rs. 3,00,000/-. As, no steps have been taken, hence this writ petition.

3.

Mr. Bidhan Biswas, learned advocate appearing for the petitioner submits that the petitioner and her son are entitled to the amount of terminal benefits of Rs. 3,00,000/- in terms of the memorandum dated 12th February, 2021. He seeks for appropriate orders. In support of his contention he relies on a decision of the coordinate Bench of this Court in the case of Ujjal Gayen & Ors. vs. the State of West Bengal & ors. passed in WPA 9513 of 2025.

4.

Md. Sarwar Jahan, learned advocate appearing for the respondent Mission Director and Mr. Rezaul Hossain, learned advocate representing the State concede to such submission.

5.

In view of the submissions advanced and in the line with the decision in Ujjal Gayen (supra), respondent no. 1, the Secretary, School Education Department is directed to take decision in the light of the memorandum dated 12th February, 2021 as amended from time to time. The decision be intimated to respondent no. 4, the Mission Director, Paschim Banga Rajya Shishu Shiksha Mission, Government of West Bengal which will immediately release the money in favour of the petitioner in terms of the existing memorandum to the extent of her entitlement and share.

6.

With the above directions, the writ petition being WPA 7937 of 2025 stands disposed of.

7.

Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.

8.

Interim order, if any, stands vacated.

9.

All connected applications, if any, stand disposed of.

10.

There shall be no order as to costs.

11.

All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

12.

Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.

(Bivas Pattanayak, J.)