RATNA CHOWDHURY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner is a widow of one Soumitra Chowdhury who died while in service as Assistant Teacher under the District Primary School Council, West Bengal in the year 2002.

(2.) On account of her husband's Pension Payment Order was issued on the 16th of March, 2005 and the petitioner received family pension from 2005 to 2017. In the year 2017 for the first time the petitioner applied under the RTI Act for re-fixation of her husband's pay. The authorities replied back that the petitioner's husband's pay was fixed in terms of the Circular in the November, 2003. The petitioner claims that she is entitled to her husband's pay re-fixed since she received a sum of Rs. l25/- less than what she is entitled to.

(3.) The learned Counsel for the petitioner would rely upon a judgement of the Hon'ble Supreme Court in the case of M.R. Gupta vs. Union of India and Ors. reported in (1995) 5 SCC 628. At paragraph 5 the Hon'ble Supreme Court held as follows.