Calcutta High CourtWPA/13152/2024disposed

Paramita Khamaru v. State Of West Bengal And ORS.

2024-06-12Hon'Ble Justice Rajasekhar Mantha2 pages

12.06.2024.

Court No. 13 Item No. 46 ap W.P.A. No. 13152 of 2024 Paramita Khamaru

Versus

The State of West Bengal & Ors.

Mr. Tamal Taru Panda.

...For the petitioner.

Mr. Nabhajit Basu, Mr. Santimay Bhattacharya.

...For the State.

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

2. The petitioner is the unmarried daughter of late Chittaranjan Khamaru, who was an Assistant Teacher of Karalirchak Junior Basic School under District Primary School Council, South 24 Parganas. The father retired on 30th April, 2005 and was receiving pension until he died on 5th August, 2017.

3. The petitioner, in addition to being unmarried, is also mentally challenged.

4. The District Inspector of Schools (PE), South 24 Parganas shall obtain a Medical Certificate as regards the disability and marital status of the petitioner and forward the same to the Director of Pension, Provident Fund and Group Insurance, West Bengal.

5. The Director of Pension, Provident Fund and Group Insurance, West Bengal in turn shall issue Pension Payment Order but shall not release pension and keep the same in a separate independent account.

6. The Director of Pension, Provident Fund and Group Insurance, West Bengal shall release the pension to a person, who shall be lawfully appointed as guardian/guardian/caregivers of the petitioner. Due notice of this order shall be made to the other daughters and sons of the deceased teacher, namely, Janaki Narayan Khamaru, Athish Narayan Khamaru, Sanhita Pandit (Khamaru) and Sanghamitra Sarder (Khamaru).

7. All the brothers and sisters shall be entitled to make an application before the appropriate Court for being appointed as guardians jointly and/or severally.

8. The Director of Pension, Provident Fund and Group Insurance, West Bengal shall abide by any order that may be passed by the competent court.

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

10.

There will be no order as to costs.

11.

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.)