Manju Bhowmik (Pradhan) v. State Of West Bengal And ORS.

12.06.2024 Sl. No.26 gd/ssd WPA/10587/2024 MANJU BHOWMIK (PRADHAN) VS STATE OF WEST BENGAL AND ORS.

Mr. Anil Kumar Chattopadhyay, Mr. Dinesh Pani ... for the petitioner.

Mr. Jyoti Prakash Chatterjee ... for the State.

The affidavit-of-service filed by the learned Advocate for the petitioner in Court today be kept with the record.

The petitioner is the widowed daughter of one Bhabataran Bhowmik who retired from service on 29th February, 1980 as an Assistant Teacher under the DPSC, Purba Medinipur. The petitioner's mother died on 14th September, 2007. Neither the petitioner's father or mother got any pension.

It is now well settled that even employees drawing prior to DCRB Scheme, 1981, are entitled to pension. The petitioner being widowed daughter of the deceased employee is also entitled to pension in terms of the decision of this court in the case of The State of West Bengal & Others v. Sabita Roy being MAT 1518 of 2019 being judgment dated 20th June, 2023.

In those circumstances, the DI of Schools, Purba Medinipur shall communicate to the petitioner the quantum of deposit of employer share of CPF together

with interest to be made by the petitioner within a period of two months from the date of communication of this order along with a copy of the writ petition. The petitioner shall make the deposit within a period of 15 days thereafter.

Upon the petitioner making such deposit, let pension be paid to the petitioner together with the arrears from the date of retirement of her father within a period of two months thereafter upon issuance of PPO.

The payment of arrears shall, however, not carry any interest.

Accordingly, the writ petition stands disposed of. There will be no order as to costs.

Urgent Photostat certified copy of this order, if applied for, be given to the parties, on priority basis. (Rajasekhar Mantha, J.)