MALAY ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) It is the case of the petitioner that his deceased wife was appointed as an Assistant Teacher at Mohanbati Free Primary School under Raiganj Municipality in the year, 1985. Her service was confirmed to the post of Assistant Teacher by a resolution of the Board of Councillors of the Municipality which was communicated to her by a letter of the then Chairman dated May 9, 1996. Subsequently, the wife of the petitioner was transferred along with some other teaching and non- teaching staffs to the Assessment Department of the Municipality by an order dated August 31, 2001. The wife of the petitioner subsequently died on July 22, 2018, in harness. The petitioner's wife rendered her service to the Municipality for about 33 years. The Municipality, however, declined to release the death- cum-retiral dues of the petitioner's wife i.e. family pension, gratuity, provident fund and other dues. The petitioner was compelled to file WPA 6918 of 2019 before this Court seeking release of the terminal benefits as indicated above. A Coordinate Bench of this Court by an order dated August 14, 2019, directed the Chairman of the Municipality to release the terminal dues, if the petitioner is entitled to the same. The Chairman, thereafter, in compliance with the said order dated August 14, 2019, by an order dated April 27, 2023, directed to release Rs.5,76,947.00 as provident fund dues of the deceased and the unpaid salary. The Chairman, however, declined to grant family pension on the ground that the post, in which the petitioner's wife was appointed, was not sanctioned by the State.

(2.) The learned advocate appearing for the petitioner has argued that the appointment of the petitioner's wife was made following a resolution adopted by the Board of Councillors of the Municipality who was the appointing authority. The wife of the petitioner was subsequently transferred to the Assessment Department. The deceased wife of the petitioner was also paid regular salary by the Municipality. After accepting her regular service for more than 33 years, pensionary benefits of the deceased-wife of the petitioner cannot be denied. It has also been argued that since the deceased employee was appointed in the year 1985, the West Bengal Municipal Act, 1993, cannot be applied to the petitioner to argue that her service was not approved by the State.

(3.) On behalf of the Raiganj Municipality, it has been submitted that the deceased wife of the petitioner was engaged in an unapproved, unsanctioned post under the Raiganj Municipality. While the petitioner claims his wife joined in 1985, the only confirmation available is from May 9, 1996, which raises doubts about the validity of her employment.