(1.) The Judgment of the Court was as follows :
(2.) This writ application is directed against an order dated December 18/19, 2008 passed by the respondent No. 2 rejecting the claim of the petitioners for granting benefits under the West Bengal Recognized Non- Government Educational Institution Employees' (Death-cum-Retirement Benefit) Scheme, 1981 (hereinafter referred to as the said Scheme) arising out of the services of their husband, namely, Md. Omar Ali, who was an Assistant Teacher of Mohanpur Nawhati Shah Reazuddin Smriti Vidyalaya (High School), Amadpur, Bardhaman.
(3.) For examining the validity of the aforesaid first ground, the provisions of Rule 23 of the said Rules are quoted below :