SARALABALA GOSWAMI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner seeks a writ of mandamus upon the respondent authorities to consider the representation dated 4th February, 2008 and to pay interest upon the pensionary benefits and gratuity. On the basis of such prayer, direction was given to the respondent to file affidavit-in-opposition. The respondent authorities in their affidavit-in-opposition, have taken a point that the pensionary benefit, in terms of Death-cum-Retirement Benefit Scheme, 1971, has been given to the petitioner and the calculation has also been made in terms of the prevalent circulars.

(2.) In reply to such contention, the writ petitioner asserted that the rate, at which the pension was given to the writ petitioner, was in complete derogation with the minimum rate of family pension prescribed by the appropriate authority. According to the petitioner, the minimum ceiling rate for family pension has been fixed at Rs. 375/- per month, in terms of Memo No. 1066-F (Pen) dated 2nd June 1992 with effect from 1st January, 1986 which was further enhanced to Rs. 400/- with effect from 1st May, 1992. Since the pension was not paid, in terms of the said circular, keeping the minimum ceiling limit, the respondent should be directed to recast the pension and to extend benefit to the writ petitioner at such rate as has been fixed in the said memo dated 2nd June 1992.

(3.) Thus, this Court finds that the issue, which existed on the date of filing of the writ petition, was diluted to a new horizon as to what could be the quantum of the family pension in terms of the various circulars.