Himansu Kumar Das v. State Of West Bengal And ORS.

09.01.2024 Ct. No. 15 adeb W.P.A. 16700 of 2023 Himansu Kumar Das Vs.

The State of West Bengal & Ors.

Mr. Tarapada Das Mr. Chandan Dutta Mr. Goutam Malik ...for the petitioner Mr. Vimal Kumar Shahi ...for the State Affidavit-of-service filed on behalf of the petitioner is taken on record.

The grievance of the petitioner is failure on the part of the respondent authorities to settle the family pension case of the petitioner being the husband of a primary teacher who died in harness on 20th March, 2014. It has been submitted on behalf of the petitioner that in spite of death in harness of his wife far back on 20th March, 2014 nine years have passed in the meantime but unfortunately family pension has not been released in his favour upon settling the pension case.

Today, State-respondents are represented by learned advocate who has submitted that primarily there was certain confusion as to which authority amongst the District Inspector of Schools (PE), Paschim Bardhaman and District Inspector of Schools (PE), Purba Bardhaman, is the appropriate authority to process and settle the family pension case of the petitioner.

During course of hearing it has been submitted by the learned advocate representing the State-respondents that District Inspector Schools (PE), Pashim Bardhaman has already intimated that District Inspector of Schools (PE), Purba Bardhaman is the appropriate authority to settle the family pension case of the petitioner with the assistance of Sub-Inspector of Schools, Chittaranjan Circle.

Having considered the submissions made on behalf of the parties and on perusal of relevant documents available on record it appears that Rs. 7473/- was found to be excess drawn by the wife of the petitioner for the period from 21st March, 2014 to 31st March, 2014 and in terms of memo dated 15th December, 2022 issued by the Sub-Inspector of Schools, Chittaranjan Circle addressed to SPIO and Assistant Inspector of Schools attached to District Inspector of Schools (PE), Purba Bardhaman that the aforesaid overdrawn amount is required to be deposited with the concerned State-respondents. It further appears from the said memo dated 15th December, 2022 that though e-pension account was opened and application number was generated the family pension case could not be settled since at certain spaces of the pension papers petitioner has yet to sign. Therefore, it appears that formalities are required to be completed prior to settling the family pension case of the petitioner and release of the same upon issuance

of Pension Payment Order. It needs to be recorded that excess drawn amount of Rs. 7473/- was deposited by the petitioner on 13th February, 2023.

Accordingly, the petitioner as well as Sub-Inspector of Schools, Chittaranjan Circle are directed to appear before the District Inspector of Schools (PE), Purba Bardhaman on 18th January, 2024 at 12 noon to complete the formalities and finalise the family pension case of the petitioner under the supervision of the concerned District Inspector of Schools.

After family pension papers are made ready and family pension case is finalized the District Inspector of Schools (PE), Purba Bardhaman is directed to forward the family pension case of the petitioner to the Director of Pension, Provident Fund and Group Insurance within 7 (seven) days thereafter.

On receipt of pension papers the Director of Pension, Provident Fund and Group Insurance shall issue Pension Payment Order in favour of the petitioner within 7 (seven) days thereafter.

The concerned State-respondents are directed to complete the aforesaid exercise expeditiously so that family pension of the petitioner along with arrear dues can be released in his favour within 6 (six) weeks from the date of communication of this order.

With the aforesaid directions, the writ petition stands disposed of.

There shall be no order to costs.

Learned advocate representing the Staterespondents as well as the petitioner are directed to communicate server copy of this order downloaded from the official website of this Court immediately. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)