HANUFA BIBI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner is a widow of an Assistant Primary School Teacher of Kurumba Free Primary School, situated in the district of Burdwan. Her husband died-in-harness on 22nd September, 1975. Essentially, the writ petitioner is seeking grant of family pension.

(2.) During the course of hearing of the matter, learned Advocate appearing on behalf of the State invited this Court's attention to a Government Order dated 1st November, 2010, and submitted that the State, in terms of the said Government Order, has decided to extend Death-cum-Retirement Benefit Scheme, 1981 (hereinafter referred to as the 'said Scheme' to such widows like the writ petitioner whose husbands died-in-harness or retired prior to 1st April, 81. The learned Advocate for the petitioner had, however, submitted that the financial benefit arising out of the Government Order dated 1st November, 2010, would apply only from 15th June, 1990, or from the date of application to be made by the widow for family pension, whichever is later, and, therefore, his client would not be able to get arrear of family pension from the date of death of her husband, which she was otherwise entitled to, in law. Having regard to such submission made by the learned Advocate for the petitioner, this Court had granted liberty to the writ petitioner to file a supplementary affidavit challenging the Government Order dated 1st November, 2010, only to the extent wherein it has been stated that the financial benefit arising out of the said order would be effective from 15th June, 1990, or from the date of application for pension/family pension, whichever is later.

(3.) Pursuant to such liberty granted, a supplementary-affidavit has been filed in Court by the writ petitioner today.