MINU GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Heard Mr. Subharangsu Panda, learned counsel for the petitioner.

(2.) The petitioner has filed the writ petition for issuance of a writ of mandamus directing the respondents to consider the representation of the petitioner dtd. 8/8/2014 and to forthwith allow him to exercise the benefit and/or option in terms of Memo No.749-SE(L)/SL/5S-56/13(Pt-V) dtd. 13/6/2014 under the Death cum Retirement Benefit Scheme, 1981.

(3.) The case of the petitioner is that her husband Nikhil Kumar Gosh was initially appointed as Assistant Teacher of Bongaon Kabi Keshablal Vidyapith, P.O. Bongaon, District ' North 24 Parganas on 13/3/1986 and the post of the petitioner's husband was subsequently approved by the Inspector of Schools with effect from 13/3/1986. The petitioner's husband after duly appointed in the said school has been opted all the benefits as specified in the West Bengal Board of Secondary Education Act, 1963 and the West Bengal Rules of Payment and Allowances (ROPA) as amended from time to time. Unfortunately, the petitioner's husband died on 19/9/2009 while in service, leaving behind the petitioner and two sons.