Madhumita Maity (De) And ANR. v. State Of West Bengal And ORS.
04.01.2024 Item No.12 Court No.18 P.Jana W.P.A. 26253 of 2023 Madhumita Maity (Dey) & anr.
-Vs- The State of West Bengal & Ors.
Mr. Sourav Mitra, Ms. Sreyasree Choudhury, ......for the petitioners.
Ms. Oindrila Chatterjee, ...for the State.
Affidavit-of-service filed by the learned advocate for the petitioners be kept with the record.
The father of the petitioners was an approved Assistant Teacher of a secondary school who retired from his said service on attaining the age of superannuation on May 31, 2007 and died on July 04, 2023. The mother of the petitioners also predeceased him. The father of the petitioner filed a writ petition being WPA 7289 of 2023 alleging that the Pension Payment Order was issued in his favour with effect from the date of refund of the employer's share of contribution in his provident fund account with interest and additional interest not from the date following the date of retirement of the employee concerned.
The said writ petition was disposed of by the judgment and order dated June 08, 2023 directing the authorities to issue revised Pension Payment Order with effect from the date following the date of retirement of the employee concerned. Pursuant to the said direction the revised Pension Payment Order
was issued but unfortunately the concerned employee died before disbursement of the arrear pension in terms of such revised Pension Payment Order. The daughter and the son of the deceased employee have filed the instant writ petition praying release of the said arrear pension in terms of the said revised Pension Payment Order in their favour. The concerned Treasury Officer is therefore directed to release the arrear pension in accordance with the said revised Pension Payment Order in favour of the petitioners within a period of four weeks from the date of communication of this order. W.P.A. 26253 of 2023 stands disposed of with the above terms. There shall be no 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.)