Shefali Manna v. State Of West Bengal And ORS.

17.05.2024 Court No.13 Item No. 233 WPA 13371 of 2024 Smt. Shefali Manna

Versus

The State of West Bengal & Ors.

Ms. Haritri Roy ...For the petitioner.

Ms. Lipika Chatterjee Mr. Arindam Chattopadhyay ... For the State.

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

The petitioner is the widow daughter of late Niranjan Kumar Maity, who was a Primary Teacher of Katranka Primary School, District - Purba Medinipur. He retired on 30.06.1988 and died on 22.11.1994. The mother of the petitioner also died and husband of the petitioner died on 10.08.2012. The petitioner applied for family pension in terms of the Circular of the State No. 96-SE dated 13th April, 2010 which remain unconsidered.

In those circumstances, the concerned District Inspector of Schools (P.E.) shall consider the petitioner's representation which is appearing at page 22 of the writ petition. 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. 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.

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.

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

The pension payment order issued in the name of employee vide Memo No.MID/S/P/02261 dated 25.01.1994.

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

The concerned Treasury Officer shall verify as to whether the petitioner is present in person along with

the documents of identity before making any disbursement as directed hereinabove. In the event the petitioner is not present, the matter shall be reported to the Registrar General of this Court for appropriate action.

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

There will be no order as to costs.

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.)