LINA MUKHERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The order dtd. 2/8/2023 passed by the learned Single Bench of this Court in connection with WPA 10589 of 2023 is assailed in this appeal. The pivotal issue involved in the instant appeal pertains to the entitlement of the appellant being an unmarried daughter to family pension under the Death- cum-Retirement Benefit Scheme, 1981.

(2.) The father of this appellant was a Headmaster who died-in-harness on 11/10/1976 leaving behind his wife, two sons and one unmarried daughter (the appellant herein). The mother of this appellant drew the family pension till her death. The appellant's mother died intestate leaving behind his one son and this appellant being her unmarried daughter. This appellant made a representation before the respondent no. 2 (herein) with request to release the benefit of family pension in her favour being an unmarried daughter of his father/employee in terms of government order vide no. 163-Edn(B) dtd. 15/6/1990 read with Government Memorandum dtd. 13/4/2010 being Memo No. 95(80)-SE(B)/IM-112/2008 to mitigate her financial stringency in maintaining her livelihood. The representation of the appellant was turned down by the authority concerned and it was communicated to this appellant through letter vide memo no. 196 dtd. 9/3/2023.

(3.) Being aggrieved with that rejection of getting family pension by the authority concerned this appellant preferred a writ petition before the learned Single Bench of this Court being WPA 10589 of 2023. The said writ petition has been rejected by the learned Single Bench by passing the impugned order holding that the appellant did not take any step for last 14 years and as such due to delay her application is not maintainable.