Anima Kuila v. State Of West Bengal And ORS.

22.04.2024.

Court No. 13 Item no. 30.

sp W.P.A. No. 10760 of 2024 Anima Kuila

Versus

The State of West Bengal & Ors.

Mr. Sourav Mitra, Ms. Sreyasree Choudhury ..For the petitioner.

Mr. Tapas Kumar Das ..for the State 1.

Affidavit-of-service filed in Court today be taken on record.

2.

The petitioner is the unmarried daughter of Late Sripati Charan Kuila, who was an Assistant Teacher of Atafala Atyek Primary School, District - Purba Medinipur. He retired on 31.08.1972 and died on 12.05.1978. The mother of the petitioner died on 28.11.2016 and husband died on 19.06.2009. The petitioner applied for pension in terms of the Circular of the State No. 96-SE dated 13th April, 2010 which remain unconsidered.

3.

In those circumstances, the concerned District Inspector of Schools (P.E.) shall consider the petitioner's representation.

For the said purpose, the petitioner shall file a representation afresh enclosing the details of the pension payment order of her late father and other documents prescribed in the said Circular

within a period of fifteen days from date.

4.

Upon receipt of the said representation, the concerned District Inspector of Schools (P.E.) shall dispose of the same with a reasoned order within a period of four weeks thereafter.

5.

If the concerned District Inspector of Schools (P.E.) finds that the petitioner is entitled to get pension, the same shall be released to her as expeditiously as possible, preferably within a period of one month thereafter.

6.

In this regard, the DPPG shall bear n mind the para 18-19 of the decisions of the Three Judges Bench of this Court in MAT 1518 of 2019 dated 20th June, 2023. An unmarried daughter of a person who retired before 1981 shall also come within the purview of the Circular dated 13th April, 2010.

7.

The petitioner shall be entitled to receive al arrears in terms of such Circular dated 13th April, 2010.

8.

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

9.

There will be no order as to costs.

10.

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.)