SADHANA GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS writ petitioner has impugned an inaction on the part of the respondent authorities in extending the benefit of the family pension in terms of the West Bengal Recognized Nongovernment Educational Institution Employees (Death-cum-Retirement Benefit) Scheme, 1981 (hereinafter referred to as the DCRB Scheme, 1981). The husband of the writ petitioner was appointed as an assistant teacher and became the head teacher since 1.10.1974. Unfortunately the said teacher was killed on 12.5.1978 by some miscreants. The writ petitioner thereafter approached on several occasions to the District Inspector of School (PE) for payment of the retrial benefits but no relief was given to the writ petitioner.

(2.) AFTER the promulgation of the said DCRB Scheme, 1981 the writ petitioner made an application for grant of the family pension. The said application was forwarded by the Accountant General to the District Inspector of School (PE) for forwarding the said pension case to the school education department for their opinion. Pursuant to the said direction the applications along with other relevant documents were forwarded to the Director of School Education (PE) for sanctioning the family pension but till today nothing has been done. It is submitted by the leaned Advocate appearing for the petitioner that the authorities cannot deny the benefit of family pension under the DCRB Scheme, 1981. Reliance is placed upon the judgment of the Supreme Court in case of D S Nakara and Ors. Vs. Union of India reported in AIR 1983 SC 130 to the principle that Article 14 of the Constitution of India forbids class legislation but permits reasonable classification for the purpose of legislation to satisfy the twin test of classification being founded on an intelligible differentia which distinguishes persons or things that are grouped together from those that are left out of group and the said differentia must have a rational nexus to the object of the statute. It is further submitted that this court in case of Nongovernment School Pensioners Association and Anr. Vs. State of West Bengal reported in 1989 (1) CLJ 116 held that there cannot be two class of pensioners; those who retired after a cut-off date and those who retired earlier. Further reliance is placed to an unreported judgment of this court delivered on 13.8.2008 in WP 15601(w) of 2007 to the proposition that a teacher who died prior to the said cut-off date is also entitled to the family pension. Mr. Ujjwal Trivedi, learned Advocate appearing for the state respondent disputed the contention of the writ petitioner. However, he submits that by a memorandum dated 1.11.2010, a decision has been taken to grant family pension to an employee who died in harness prior to the cut-off date i.e. 1.4.1981 and to avail the same, the petitioner should make an application before the concerned authority.

(3.) THUS, there is no hesitation in holding that if the benefit is extended to an employee who died in harness after the cut-off date i.e. 1.4.1981 then such benefit cannot be denied to an employee who died in harness prior to 1.4.1981. Such classification is not rational. The court can also not lose sight of the policy decision of the state by extending the benefits of the DCRB Scheme 1981 by a subsequent memorandum/government order dated 1.10.2010 to an employee who died in harness prior to 1.4.1981. THUS the petitioner cannot be denied a family pension, the benefit extended under the DCRB Scheme 1981, by making an unreasonable classification amongst the pensioners who forms one class.