Calcutta High Court (Appellete Side)
Smt. Swapna Das vs The Director Of School Education on 12 August, 2015
Author: Samapti Chatterjee
Bench: Samapti Chatterjee
1
9 12.08.2015. W.P.3321 (W) of 2006
BD +
C.A.N. 5511 of 2015
Smt. Swapna Das
Vs
The Director of School Education,
West Bengal & Others
Mr. Debasis Sur,
Mr. Hare Krishna Halder.
... For Petitioner
Mr. Biswajit De,
Mr. Bipin Ghosh.
... For State
Mr. S. K. Bhattacharya.
... For Respondent Nos. 4 & 5
Re: C.A.N. 5511 OF 2015 This application has been filed for condoning the delay in filing the restoration application for recalling the order dated 28th June, 2013 on the ground of default.
Having heard the learned advocate appearing for the parties and considering the averments made in this application, I am satisfied that sufficient reasons have been furnished and adequate grounds have been mentioned for condoning the delay in filing the restoration application.
Therefore, the delay in filing the restoration application is condoned.
This application thus stands allowed. There will be no order as to costs.
Re: C.A.N. 1878 of 2015 By consent of the parties, this application is 2 treated as on day's list.
After perusing the application, I am satisfied that sufficient reasons and adequate grounds have been shown by the learned advocate for the petitioner for not appearing on 14th February, 2006 as well as on 28th June, 2013, as a result of which the instant writ petition and the application for restoration, being CAN 1518 of 2006, were dismissed for default.
Accordingly, the order dated 28th June, 2013 dismissing the restoration application for default is hereby recalled. The application, being CAN 1518 of 2006, is restored to its original file and number.
The application, being CAN 1518 of 2006, stands allowed and therefore, the order of dismissal of the writ petition dated 14th February, 2006 is hereby recalled. Accordingly, the writ petition is restored to its original file and number.
In view of the above, the application, being CAN 1878 of 2015, stands allowed.
There will be no order as to costs.
Re: W.P. 3321 (W) of 2013 The petitioner has filed this writ petition praying for disbursement of family pension as his husband died in harness on 24th July, 1971 as an Assistant Teacher in the concerned school. Thereafter, the petitioner time to time approached before the school authority and the concerned District Inspector of Schools for disbursement of the family pension/widow pension in 3 favour of the petitioner, i.e. the widow of the said Assistant Teacher.
Since nothing was done by the school authority to forward the pension papers, service book and the relevant papers in respect of the petitioner's husband, late Chittaranjan Das, to the concerned District Inspector of Schools for disbursement of family pension/widow pension till today. Hence this writ petition.
It is submitted by the learned advocate appearing for the petitioner that till today no papers pertaining to the petitioner's family pension/widow pension have been forwarded to the concerned District Inspector of Schools by the school authority.
Therefore, I direct the respondent no. 7, the Head Master, Hakola Umesh Chandra High School, District:
Howrah, to take steps to forward all papers in respect of the petitioner's husband, late Chittaranjan Das who died in harness on 24th July, 1971 when he was attached to the said school as an Assistant Teacher to the District Inspector of Schools (SE), Howrah, the respondent no. 3, within four weeks from the date of communication of this order and the said respondent no. 3 after receiving the papers from the school authority will take steps in accordance with law for preparing the paper relating to the family/widow pension and send it to the Director of Pension, Provident Fund and Group Insurance and the Treasury Officer, the respondent no. 6, within eight weeks therefrom and the concerned Treasury Officer, the 4 respondent no. 6 and the Director of Pension, Provident Fund and Group Insurance is directed to prepare P.P.O. and to disburse the family/widow pension in favour of the petitioner in accordance with law within four weeks thereafter.
With this direction, the writ petition stands disposed of.
There will be no order as to costs.
(Samapti Chatterjee, J.)