(Bela Rani Acharya vs The State Of West Bengal & Ors.) on 31 January, 2017

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Calcutta High Court (Appellete Side)

(Bela Rani Acharya vs The State Of West Bengal & Ors.) on 31 January, 2017

Bench: Dipankar Datta

                                 1


    1
31.01.2017
   rrc
                             C.A.N. 5773 of 2014
                                      in
                              M.A.T. 869 of 2014
             (Bela Rani Acharya Vs. The State of West Bengal & Ors.)



                 Mr. Saktipada Jana
                                                 .......For the appellant


                 None has appeared for the respondents today, although Mr.

S. N. Bhattacharyya, learned advocate had represented the State on the earlier occasion.

We have heard Mr. Jana, learned advocate for the appellant and considered the provisions of the West Bengal Recognized Non-Government Educational Institution Employees (Death- cum-Retirement Benefit) Scheme, 1981 together with Government Orders bearing nos. 95(80)-SE(B)/1M-112/2008 and 96(80) -SE(B)/1M-112/2008, both dated 13th April, 2010 issued by the Joint Secretary to the Government of West Bengal, School Education Department, Budget Branch. We are concerned with a claim for family pension of an unmarried daughter of a teacher who died in-harness in 1962. It is not in dispute that the mother of the appellant had applied for family pension and was in receipt thereof till her death i.e. 31st July, 2011. The claim of the appellant for family pension was contained in her representation dated 23rd September, 2013 but such representation not having been considered by the District 2 Inspector of Schools (SE), Purba Medinipur, a writ petition was filed. It was dismissed by a learned Judge of this Court by judgment and order dated 8th October, 2013, which is the subject matter of challenge in this appeal. The learned Judge was of the view, considering Rule 28 of the scheme, that the widow of the deceased teacher having enjoyed family pension till her death the appellant had no right of claiming and receiving family pension.

For lack of assistance on behalf of the State, at this stage we are not inclined to form any opinion either way on the basis of the arguments advanced by Mr. Jana and the Government Orders relied on by him. We request the Director of Pension, Provident Fund & Group Insurance to give his comments on the entitlement of the appellant to family pension, having regard to the provisions of the scheme and the relevant circulars governing the claim, which may not have been placed before us in its entirety. The report of the director may be filed on 20th February, 2017, when the appeal shall be listed once again under the heading 'For Orders'.

It would be desirable if while giving his comments, the director looks into the Service Book of the deceased teacher, more particularly having regard to the fact that there is some confusion in respect of his surname.

Since none has appeared for the respondents, Mr. Jana shall serve a downloaded copy of this order on the director who shall 3 proceed to comply therewith without insisting for its certified copy.

( Dipankar Datta, J. ) ( Sahidullah Munshi, J. )

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Calcutta High Court (Appellete Side)