Calcutta High Court (Appellete Side)
Ct No. 04 vs P.M. The State Of West Bengal & Ors on 3 July, 2018
Author: Arindam Sinha
Bench: Arindam Sinha
1
W.P. 27647 (W) OF 2017
03.07.18
Sl no. 10 Chandrani Ghosh Mondal
Ct no. 04 - Vs -
P.M. The State of West Bengal & Ors.
Mr. Srikanta Datta
... for the petitioner.
Ms. Chama Mukherjee,
Ms. Paromita Pal
... for the State
Mr. Datta, learned advocate appears on behalf of petitioner who is a widowed daughter of deceased laboratory attendant in Vidyasagar College in Birbhum. He submits, the college is a Government aided college. His client has sought family pension. The claim was directed to be considered by order dated 16th February, 2016 made in W.P. 2272 (W) of 2016 being petitioner's earlier writ petition. He further submits, Director of Public Instruction, Education Directorate, Government of West Bengal, has rejected his client's claim by saying as follows :
"By the letter bearing No. 645-Edn(CS)/1P-18/15, dated 13.07.20-15, addressed to the Member Secretary, West Bengal Commission for Women, the government in the Higher Education Department of this State has regretted its inability to extend the benefit of Family pension to widow/divorcee/ unmarried daughters of the employees (pension holders) in Government Aided Colleges in the State."
Mr. Datta relies upon clause 2 of Memorandum dated 29th June, 2006 issued by State. Clause 2 is set out below : -
"2. After careful consideration of the matter the governor has been pleased to decide that the benefit of family pension shall be extended to the widowed/divorced daughter of State Government employee/pensioner even after her attaining the age of 25 years till her remarriage or death. This is, however, subject to the condition that the benefit should not be admissible when the eligible daughter has an income exceeding Rs. 2600/- per month from employment in Government, Semi Government, Statutory Bodies, Corporation, Undertakings, Private Sector, Self employment etc."
He relies on West Bengal Non-Government College Employees and Day Students' Home, Employees' (Death-cum-Retirement Benefit) Scheme for the 2 meaning of family for the purpose of family pension, given therein. The meaning is extracted below : -
For the purpose of a family pension, 'family' includes the following relatives of an employee : -
i. Wife in the case of male employee; ii. Husband in the case of a female employee;
iii. Minor sons including stepsons and adopted sons;
iv. Unmarried daughters including step daughters and adopted daughters ;
v. Widowed/divorced daughters; vi. Dependent parents;
(vide D.C.R.B. Scheme, Chap. II, Rule 5 (q) (2), Finance Department's Notification No. 1633-F dt 17.02.89, memorandum No. 620-F (Pen) dt. 29.6.2006 and D.O. No. 621-F (Pen) dt. 18.07.2007).
Ms. Mukherjee appears on behalf of State and submits, her instructions are that widowed daughter of deceased employee in non-Government College does not qualify for family pension since as yet the category has not been included. She relies on the following as not given effect to : -
[As per Finance Deptt's Memo No. 620-F (Pen) dt. 29.06.06 and No. 621-F (Pen) dt. 18.07.07 widowed/divorced daughter should also be included in the list of family members] Mr. Datta hands up Memo no. 625-F (Pen) dated 18.07.2007. It appears therefrom, inter alia, divorced daughters compensation in chronological order in definition of family for the purpose of family pension had been clarified and the order made effective from 29th June, 2006. As such this Court finds petitioner is entitled to relief. There will be an order in terms of prayer (a) of writ petition to be complied with within a period of four weeks from the date of communication of this order.
Writ petition is disposed of as above.
3( Arindam Sinha, J.)