Calcutta High Court (Appellete Side)
Syed Hamidul Hasan vs The State Of West Bengal & Ors on 13 May, 2022
Author: Arindam Mukherjee
Bench: Arindam Mukherjee
95 13.05.2022
Ct. No.23 pg.
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 15062 of 2018 Syed Hamidul Hasan Vs. The State of West Bengal & Ors.
Mr. Ashok Kumar Jena Mr. Sk. Omar Sarif Mr. Kingshuk Mondal ... For the petitioner Mr. Biswabrata Basu Mallick Ms. Rajlakshmi Ghatak ... For the State On behalf of the petitioner, a Notification dated 25th August, 2015, bearing no.4677-F-(J)WB, is made over to the Court, which is taken on record.
After considering the Notification, I find that the West Bengal Non-Government Educational Institutions, Local Authorities and Other Institutions Employees (Death-cum-Retirement Benefits) Audit Rules, 2015 (hereinafter referred to as the "2015 Rules") has come into effect from the date of the said Notification i.e., 25th August, 2015. The 2015 Rules in the First Scheduled has included the Death-cum-Retirement Benefit Scheme, 1985 (hereinafter referred to as the "1985 Scheme") and, as such, the same has been brought within the ambit of the 2015 Rules. The petitioner further says that under the 1985 Scheme, the definition 2 of "family" as in clause 6(g) includes "widowed daughters" and submits that a widowed daughter should also be considered to be entitled to family pension as per clause 9 of the 2015 Rules, though widowed daughter is excluded from the family pension under the provisions of clause 29 of the 1985 Scheme. The petitioner also relies upon a judgment reported in (2014) 2 Cal LJ 325 (Purnima Das v. State of West Bengal & Ors.).
On behalf of the State, it is submitted that till now they have not been able to ascertain whether clause 29 of the 1985 Scheme has been amended to bring in widowed daughter as a person entitled to receive family pension. An adjournment is sought for on behalf of the State to ascertain subsequent changes, if any, to clause 29 of the 1985 Scheme.
Let this matter be adjourned till 10th June, 2022.
(Arindam Mukherjee, J.)