Ansuman Goswami And ANR. v. State Of West Bengla And ORS.

Item No.30 In the High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side 31.07.2024 Ct-14 AGM WPA 18687of 2024 Ansuman Goswami & Anr.

vs.

The State of West Bengal & Ors.

Mr. Subhrangsu Panda.

Ms. Ina Bhattacharya.

Ms. Mithu Singha Mahapatra.

... for the petitioners.

Ms. Piyali Sengupta.

... For the State.

Affidavit-of-service filed in Court today be kept with the records.

The petitioners are the heirs and legal representatives of a deceased primary school teacher, namely, Archana Goswami. The teacher approached this Court by filing a writ petition in the year 2016 being WPA 3096 of 2016. The said writ petition stood disposed of on 25th February, 2022.

By the time the writ petition was disposed, the teacher expired.

The heirs and legal representatives of the deceased teacher have approached the authority for passing on the benefit which was due to the teacher.

The Assistant Director, Pension, P.F and Group Insurance, by a communication dated 26th April, 2024 forwarded to the petitioner vide communication dated

30th April, 2024, has requested the DI of Schools (Primary Education) Hooghly to submit a modified Court order in the name of the legal heir of the deceased employee.

As it appears that relief was already granted in favour of the employee but the employee was not alive to enjoy the benefit of the order, accordingly, the benefit of the order may be passed on to the heirs and legal representatives of the said employee.

In view of the above, the respondent authorities including the Director, Directorate of Pension, P.F. and Group Insurance, the concerned D.I. of Schools as well as the concerned Treasury Officer shall take necessary steps in terms of the order dated 25.02.2022 passed in WPA 3096 of 2016 (Archana Goswami -vs- State of West Bengal & Ors).

The benefit shall be positively passed on to the present petitioners at the earliest but positively within a period of eight weeks from the date of communication of this order.

The writ petition stands disposed of.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Amrita Sinha, J.)