Manomohini Roy Sarkar@Mamata v. The State Of West Bengal And ORS

11.01.2023 (SL.4) Ct. No. 2 (P.Jana) In the High Court at Calcutta Circuit Bench at Jalpaiguri Appellate Side W.P.A. 3336 of 2022 Manomohini Roy Sarkar @ Mamata -Vs- The State of West Bengal & Ors.

Mr. Nabankur Paul, Ms. Kanika Saha, Ms. Satyaki Basu, ......for the petitioner.

Mr. Bikramaditya Ghosh, Ms. Bedashruti Bose.

......for the State.

Mr. Deborshi Dhar.

......for the D.P.S.C.

As directed by the order dated January 04, 2023, Mr. Kanailal Dey, the District Inspector of Schools (Primary), Coochbehar, and the Headmaster of the Sahebganj Tantipara 4th Plan Primary School at Dewanganj, the respondent nos. 6 and 8 respectively herein, are personally present before this Court, their further personal appearance is dispensed with.

The husband of the petitioner was a teacher of the aforesaid school.

The petitioner is complaining that the family pension has not yet been disbursed in her favour.

Mr.

Bikramaditya Ghosh, learned counsel for the State, submits that the deceased husband of the petitioner did not exercise the option to avail DCRB Scheme, rather had received the entire Provident Fund amount, as

such, the prayer of the petitioner for family pension being misconceived, cannot be entertained.

Mr. Nabankur Paul, learned counsel for the petitioner, cannot dispute the said submission of Mr. Ghosh, he prays that at least the gratuity amount of the deceased teacher along with interest thereon may be disbursed. Mr. Ghosh, on instruction of his client who is present in Court submits that the gratuity amount of the deceased teacher can be paid.

The aforesaid gratuity amount along with the interest @ 6% p.a. thereon from the date of retirement of the said teacher till the date of payment shall be paid to the petitioner within a period of one month from the date of communication of this order.

WPA 3336 of 2022 is thus disposed of 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.)