BANABIHARIMONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioners are the sons of a Primary School Teacher who died on 2.8.1977 while in service. The widow of the said teacher applied for family pension in terms of West Bengal Recognized Non-Government Educational Institution Employees (Death-cum-Retirement-Benefit) Scheme, 1981 (hereinafter referred to as the OCRB Scheme, 1981). The application is annexed to this writ application as Annexure P-1. It appears that the said application is in prescribed form and the same has been duly fried in by the mother of the writ petitioner. The said application was entertained by the District Inspector of school and vide order dated 2.5.2006 forwarded the same to the Accountant General, respondent No. 3 to sanction the family scheme in favour of the mother of the writ petitioner. The respondent No. 3 vide Memo dated 15th June, 2008 referred the matter back to the District Inspector of Schools for reconsideration in terms of Government Order dated 12.4.2006. Thereafter the said application was reconsidered by the District Inspector of School (PE) and was rejected by an order dated 14th August, 2007. The said order was assailed by the mother of the writ petitioners in W.P. No. 2722 (W) of 2008 and this Court quashed and set aside the said order directing the Secretary, Department of Education to consider the matter regarding grant of the family pension in the light of an order passed on an earlier writ application being W.P. No. 3782 (W) of 2005 and also to take into consideration the memorandum dated 12th April, 2006 within a stipulated period. Pursuant to the said order, the Principal Secretary rejected the said application holding that the mother of the writ petitioners are not entitled to a family pension in terms of the memorandum dated 12th April, 2006. In the meantime, the mother of the writ petitioners died and the writ petitioners have impugned the said order in this writ application.

(2.) Mr. Pabitra Kumar Basu, the learned Advocate for the respondent No. 4 submits that the mother of the writ petitioners have no right to claim family pension in terms of the Memorandum dated 12th April, 2006. He further submits that the Government has now taken a decision and by memorandum dated 1st November, 2010 have allowed the benefit of the DCRB Scheme, 1981 to all employee whether retired or died-in-harness prior to 1.4.1981 provided the claimant has to make an application in the prescribed form. He further submits that there is no application filed by the mother of the writ petitioners, and as such, the case of the writ petitioners cannot be considered and is liable to foe dismissed.

(3.) Mr. Sandip Kumar Bhattacharyya, learned Advocate appearing for the respondent No. 3 submits that the said respondent has already issued pensionary benefit under the old scheme.