Alpana Kanjilal v. State Of West Bengal And ORS.

06.01.2025 (M/L 10) Ct.-19 (Susanta)

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. 23056 of 2024 Alpana Kanjilal -VsThe State of West Bengal & Ors.

Mr. Saktipada Jana, Mr. Arup Kumar Sahoo, ...For the Petitioner.

Mr. Swapan Banerjee, Mr. Soumen Chatterjee, ...For the State.

Affidavit-of-service filed on behalf of the petitioner be kept with the record.

The husband of the petitioner was an Assistant Teacher at Barmanbirua Primary School, a school under Dantan South Circle of the District Primary School Council, Paschim Medinipur; he died-inharness on June 10, 2009. The said teacher, due to his illness, was absent in the school for a period of 6407 days.

On the death of her husband, the petitioner is praying for family pension and release of arrear pension and other retiral benefits.

Mr. Jana, learned advocate for the petitioner submits that the deceased teacher had qualifying period of service in his credit to get the benefit of such pension; but to process the pension papers, his absence of 6407 days in the service is required to be regularized. He further submits that a representation of the petitioner praying leave for the said period of 6407 days without pay is pending consideration

before the Sub-Inspector of Schools, Dantan Circle, the respondent no.7 herein; he prays that the said representation may be disposed of and the decision in this regard be sent to the District Inspector of Schools (PE), Paschim Medinipur, the respondent no. 4 herein for further steps to be taken in respect of the prayer of the petitioner.

The respondent no.7 is directed to consider and dispose of the said representation as expeditiously as possible in accordance with law, and to communicate his decision to the respondent no.4.

In the event it is found that the petitioner is entitled to family pension, as prayed for, the respondent no.4 shall take forward steps for disbursement of the same, along with other retiral benefits of the said deceased teacher.

WPA 23056 of 2024 is disposed of with the above terms without any order as to costs.

Parties to act on the server copy of this order duly downloaded from the official website of this Court.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)