KALPATARU BAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioners have described themselves as heirs of a deceased Head Teacher of a primary school, which is situated in the district of Purba Medinipur. Essentially, the petitioners are seeking disbursement of arrear pension accrued in favour of the deceased teacher. From the report in the form of an affidavit filed on behalf of the concerned State respondent, it is evident that after the demise of the teacher on 27th December, 1992, his widow never applied for family pension in her life time, and ultimately she died on 12th November, 2010. As such, the claim of the petitioners relying on a Government order dated 1st November, 2010, read with Government order dated 12th July, 2011, could not be entertained in view of the rider contained under clause 6 of the Government order dated 1st November, 2010. In the report in the form of an affidavit, the rider has been stated to read as follows:

(2.) IN the facts of the instant case, it is quite clear that the petitioners cannot step into the shoes of the widow for the purpose of claiming family pension. However, the widow of the deceased teacher was entitled to get family pension during her lifetime. Pensionary dues are not largesse of the State to be doled out to its citizens by public authority, as charity. Such dues are valuable rights, which accrue in favour of only those who are entitled to the same. While it is true that the petitioners are not entitled to family pension, they are, nevertheless, entitled to the pensionary dues that accrued in favour of their mother, being the widow of the deceased teacher, till the time of her death on 12th November, 2010. In such circumstances, this writ petition is disposed of with a direction upon the District Inspector of Schools (P.E.), Purba Medinipur, to take appropriate steps in the matter, in the light of the observation made hereinabove. Such steps shall be taken by the concerned District Inspector of Schools as expeditiously as possible, preferably within a period of four weeks, but not later than six weeks from date of communication of a photostat certified copy of this order.