Gayatri Sit v. State Of West Bengal And ORS.

24.07.2023 (D/L-19) Ct.-18 (Susanta) W.P.A. 22710 of 2022 Gayatri Sit -Vs- The State of West Bengal & Ors.

Mr. Samiran Mandal, Mr. Abhinaba Dan, .... For the Petitioner.

Mr. Rezaul Hossain, .... For the State.

The petitioner is the widow of a deceased Assistant Teacher of a Secondary School.

The petitioner is complaining that she is not getting family pension at a rate to which she is entitled to.

On the said allegation of the petitioner, a report was called for from the Treasury Officer, Bankura, the respondent no. 3 herein, such report was filed, the petitioner took out an exception to the said report.

To resolve the issue, the matter was referred to the respondent no. 3.

Mr. Rezaul Hossain, learned advocate for the State files a report of the respondent no. 3 bearing Memo bearing No. 723/TA/BNK dated July 17, 2023, let it be kept with the record.

The report says that the authority is adjusting the overdrawn amount of family pension from the monthly pension of the petitioner and such

adjustment would be completed in the month of August, 2023 and the petitioner would be getting full pension as per ROPA-2019 from the month of September, 2023.

The learned advocate for the petitioner sought to impeach the correctness of computation of the family pension on the ground that the pension amount has been calculated at the rate of 30% of the basic pay of the last drawn salary by the concerned teacher, instead of 50% of such basic pay.

Mr. Hossain submits that in respect of family pension, the amount is to be calculated at the rate of 30% of the basic pay of the last drawn salary, such submission of Mr. Hossain gets support of the West Bengal Services (Revision of Pay & Allowances) Rules, 2019, in view of such, the objection raised by learned advocate for the petitioner is overruled.

W.P.A. 22710 of 2022 is disposed of with the above observations without any order as to costs. 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.)