NURJAHAN BIBI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) ONE Sk. Haider Ali, an approved Assistant Teacher in the Balaramgarh High Madrasah, died on 1st November, 1995 leaving behind his two wives and two daughters by the first wife. Immediately after his death, all his heirs together applied before the Managing Committee of the School for grant and release of death - cum -retirement benefit of the deceased Sk. Haider Ali in their favour. Although the Managing Committee in due course forwarded such claim to the concerned District Inspector of Schools (S.E.), Paschim Medinipur even after lapse of 19 years no action has been taken by the respondent authorities in this regard.

(2.) NOW , in this writ application the purported inaction of the respondent authorities is under challenge. It may be noted in this case, the second wife of the deceased Sk. Haider Ali has been added as a pro -forma respondent being the respondent no.5 and represented by his learned Counsel.

(3.) AT the very outset it may be noted that the contention of the writ petitioner has not been disputed from the side of the State. He further assured that he will personally ensure that final steps in this matter be taken forthwith. In any event, this issue of grant of death -cum - retirement benefit to the legal heir of a deceased teacher cannot remain unattended for indefinite period. These kind of issues always need special attention by the State. Be that as it may, I dispose of this writ application directing the respondent authorities to take immediate steps in the matter of disposal of the petitioner's claim about the grant of death -cum -retirement benefit relating to the deceased teacher in accordance with law. If the matter is still pending before the respondent no. 4, Inspector of School, Paschim Midnapur then in that case he shall within two weeks from the date of communication of the order, forward the records to the respondent no. 3, the Director of Pension, Provident Fund and Group Insurance, West Bengal and the respondent no. 3 shall take necessary steps in this regard without any further delay and positively within two weeks thereafter.