Nurjahan Khatun (Bewa) v. The State Of West Bengal And ORS.

03.12.2025 Sl. No.13 Ct. No.14 ss

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 26939 of 2024 Mst. Nurjahan Khatun (Bewa)

Versus

The State of West Bengal & Ors.

Mr. Sujit Kumar Rath Mr. Sukumar Sarkar ... for the petitioner Mr. Chandan Chakraborty ...for the State.

1.

Affidavit of service filed on behalf of the petitioner is taken on record.

2.

By the present writ petition the petitioner seeks for implementation of the order passed by this Court on 10th December, 2019 in WPA 14265(W) of 2019.

3.

The petitioner contends that her husband Late Abdur Rahaman was an Assistant Teacher of Dohikotbari Asrafia High Madrasah, who died-in-harness on 12th June, 2000 leaving behind the petitioner and others as his legal heirs. The husband of the petitioner duly opted for contributory provident fund with pension scheme. However, the family pension was not granted in favour of the petitioner. The petitioner filed a writ petition before this Hon'ble Court being WP No.14265(W) of 2019. The

said writ petition was disposed of on 10th December, 2019 by passing the following order:

"

In those circumstances, the respondent nos.2, 3 and 5 are hereby directed to communicate to the petitioner within a period of one month from the date of the receipt of a copy of this order, the amount of Provident Fund to be credited to the account of the Government along with interest, in terms of the notification issued by the Government dated June 13, 2014. The petitioner shall thereupon make such deposit and the family pension and other terminal benefits on account of late Md. Abdur Rahaman must be released to the petitioner within a period of one month thereafter."

Since passing of the order no steps have been taken, hence, this writ petition.

4.

Mr. Sujit Kumar Rath, learned Advocate for the petitioner seeks that appropriate direction be issued upon the respondent concerned to act in terms of the previous order passed by this Hon'ble Court on 10th December, 2019 in WP 14265(W) of 2019.

5.

Learned Advocate for the State leaves this matter to the discretion of this Court.

6.

Despite service none appears on behalf of respondent no.2, the Director of Madrasah.

7.

In view of the aforesaid submission, respondent no.2, the Director of Madrasha, respondent no.3, the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal, respondent no.5, the District Inspector of Schools, (SE), Uttar Dinajpur, are directed to take steps in terms of order passed by this Hon'ble Court passed on 10th December, 2019 in WP No.14265(W) of 2019, within a period of one month from the date of communication of this order.

8.

Learned advocate for the petitioner is directed to communicate this order to the respondent nos.2, 3 and 5 for necessary action.

9.

With the above direction, the writ petition being WPA 26939 of 2024 stands disposed of.

10.

Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 11.

Interim order, if any, stands vacated.

12.

All connected applications, if any, stand disposed of. 13.

There shall be no order as to costs.

14.

All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

15.

Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.

(Bivas Pattanayak, J.)