KUMARI REBA GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present writ petition has been preferred challenging inter alia an order dated 24th November, 2017 passed by the respondent no. 2. Records reveal that the petitioner is an unmarried daughter of Chandra Bhusan Ghosh, who retired from the post of an assistant teacher in a primary school on 12th July, 1979. He thereafter expired on 1st November, 1990 and his widow was granted family pension and she enjoyed the same till she expired on 15th May, 2004. The petitioner thereafter submitted an application for grant of family pension. Such claim was ultimately rejected by an order dated 24th October, 2013 passed by the Secretary, School Education Department. The said order was assailed in a writ petition being W.P. No.34577 (W) of 2013 which, upon contested hearing, was dismissed on 11th December, 2013. Aggrieved thereby, the petitioner preferred an appeal being M.A.T. No.119 of 2014 which was allowed by a judgment dated 28th October, 2014. Pursuant to the said judgment, the Secretary passed an order dated 30th March, 2015 requesting the petitioner to submit all requisite papers indicated in the government order dated 13th April, 2010 to the concerned Sub Inspector of Schools. It was also directed that on receiving the papers, the said Sub- Inspector of Schools shall forward the same to the District Inspector of Schools (Primary Education) for scrutiny, who in turn shall after proper scrutiny forward the same to the Secretary, School Education Department. Pursuant thereto, the petitioner submitted all the documents as required under the government order dated 13th April, 2010 to the respondent no.6 but thereafter no further steps were taken by the respondents and aggrieved thereby, the petitioner again approached this Court by filing a writ petition being W.P. No. 16505 (W) of 2016 which was disposed of by an order dated 5th January, 2017 directing the respondent no.6 to forward all the documents, as received from the petitioner to the respondent no.5. By the said order it was also directed that upon receipt of all papers, the Secretary, School Education Department shall take necessary action. As the said order was not complied with, a contempt application was preferred. In the midst thereof, an order dated 24th November, 2017 was passed by the respondent no.2. As such, the contempt application was disposed of observing inter alia that if the petitioner is aggrieved by the order dated 24th November, 2017, her remedy is to challenge the same by way of an appropriate proceeding. Thereafter, the petitioner has filed the present writ petition.

(2.) Mr. Panda, learned advocate appearing for the petitioner submits that upon perusal of all the documents as submitted by the petitioner and forwarded by the respondent no.5, the respondent no.2 has again rejected the petitioner's claim observing inter alia that such claim is not maintainable as per existing policy of the State Government contained in the government order dated 1st November, 2010. The said ground of rejection is not sustainable since the same is contrary to the findings arrived at by the Hon'ble Appeal Court in M.A.T. 119 of 2014.

(3.) Mr. Panda further submits that without following the judgment delivered in M.A.T. No. 119 of 2014, the petitioner's claim had been rejected referring to another judgment delivered in M.A.T. No.869 of 2014. Considering the facts involved in the instant lis, the Hon'ble Appeal Court passed an order in M.A.T. 119 of 2014. The same has attained finality and is binding upon the parties inter se. The judgment delivered in M.A.T. No.869 of 2014 has no manner of application in the instant case.