Gita Rani Khandait v. State Of West Bengal And ORS.

24.08.2023 AKG Court 238 WPA 19252 of 2023 Gita Rani Khandait Vs.

The State of West Bengal & Ors.

Mr. Ashis Kumar Paul ... For the petitioner.

Ms. Rajyashree Mukherjee ... For the State.

Leave is granted to the petitioner to add District Inspector of Schools (SE), Paschim Bardhaman as a respondent in this writ petition.

The husband of the petitioner retired as a Head Teacher from Naya Kanchanpur F. P. School, P.O. - Gourbazar, Dist. Paschim Bardhaman on October 31, 2001 and died on October 5, 2015.

The husband of the petitioner was initially under the Contributory Provident Fund Scheme.

Subsequently, he was allowed to switch over to Pension-cum-Gratuity Scheme following a Memo No. 749 SE(L)/SL/55-56/13(Pt-V) dated June 13, 2014 and accordingly Pension Payment Order was issued in favour of him with effect from the date of refund of employer's share of contribution with interest, i.e., September 12, 2014.

The petitioner by filing this writ petition claims that she should be given pensionary benefits of her husband from the date of the retirement.

From an affidavit filed by the State in WPA 24390 of 2022 (Motiur Rahaman vs. The State of West Bengal & Ors.), it appears that by a Memo No. 1481SE(Law)/5S/737/08(Pt.) dated December 13, 2022 the Commissioner of School Education, West Bengal through Memo No. 610(49) -LP dated December 20, 2022 directed all the District Inspector of Schools (SE) to comply with the directions of this Court where pension was directed to be given from the date of retirement instead of date of refund of Government's share of Contributory Provident Fund, subject to decision of Review application so filed by the State againt such orders.

There is no ground that the petitioner should be treated differently. Accordingly, this writ petition is disposed of with a direction upon the State to release the pensionary benefits in favour of the petitioner with effect from date of her husband's retirement, subject to the result of the Review application, if any, pending before this Court.

Accordingly, WPA 19252 of 2023 is disposed of.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Kausik Chanda, J.)