KAMALA METHARANI Vs. BOARD OF COUNCILLORS

JUDGEMENT

(1.) The Petitioner in this Article 226 petition dated June 7, 2005 is aggrieved by the fact that her employer has not paid her family pension, service pension arrears, house rent allowance, and full gratuity.

(2.) Both the Petitioner and her husband were working in Nabadwip Municipality in the District Nadia. Her husband died on July 3, 1992. Accordingly, she became entitled to benefits including family pension. On reaching the age of superannuation she retired on May 31, 2002, Consequently, she became entitled to retirement benefits including pension and gratuity. The Director of Pension, Provident Fund and Group Insurance, West Bengal issued orders dated April 24, 1994, Annexure-P-1 at p. 19, for family pension, and March 19, 2003, Annexure P-3 at p. 22, for service pension and Rs. 89,331 gratuity.

(3.) There is No. dispute that the Municipality paid her family pension upto January, 2004. Relying on a Government Order dated November 20, 2000, Annexure P-10 at p. 35, the Municipality disputed her entitlement to family pension and stopped the benefit from February, 2004. Relying on a subsequent Government Order dated February 21, 2005. Annexure P-11 at p. 41, the Petitioner requested the Municipality to pay her consolidated family pension at the rate of Rs. 1,300 per month from February, 2004 to February, 2005, and for the purpose she made a representation dated March 21, 2005, Annexure P-12 at p. 43. But the Municipality refused to pay her family pension.