Gita Rani Acharya v. The State Of West Bengal And ORS.

ss 10.07.2024 WPA 13749 of 2024 Gita Rani Achyarya Vs.

The State of West Bengal & Ors.

Ms. Sreyasree Choudhury ... ... for the petitioner Mr. Saurav Chaudhury ... ... for the State 1.

Affidavit-of-service and report of the State filed in Court today be taken on record.

2.

The petitioner is the widow daughter of Late Kalipada Acharya, who was an Assistant Teacher of Dalimbachak Board Primary School, District - Purba Medinipur. He retired on 31.10.1979 and died on 20.07.1991. The mother of the petitioner died on 16.06.2017 and the husband died on 07.09.2002. The petitioner applied for pension in terms of the Circular of the State No. 39SE(B)/1M-19/07 dated 10th January, 2008 and 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 which is appearing at page 18 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.

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 in 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 10th January, 2008 and 13th April, 2010.

7.

The petitioner shall be entitled to receive all arrears in terms of such Circular dated 10th January, 2008 and 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.)