BHARATI HAZRA Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) The short issue which arises for consideration in the present writ petition is as to whether an unmarried daughter of an approved teacher, who retired prior to introduction of the West Bengal Recognised Non-Government Educational Institution Employees (Death-cum-Retirement) Benefits Scheme, 1981 (in short, the DCRB Scheme) on and from 1st April, 1981, is entitled to the benefits of family pension.

(2.) The petitioner's father, namely, Atul Krishna Hazra (in short, Atul) was an approved staff of Barbaria Hazra Vidyapith (H.S.) (in short, the said school). He retired from his service prior to coming into effect of the DCRB Scheme. The benefits of the DCRB Scheme were extended to Atul and he enjoyed the same till his death on 18th August, 1988. Thereafter, the benefits of family pension were extended to the petitioner's mother, namely, Mandakini Hazra and she enjoyed the said benefits till her death on 5th March, 2011. After her mother's death, the petitioner sought for the benefits of family pension. Her prayer was duly forwarded by the headmaster of the said school to the respondent no.5 by a letter dated 28th September, 2011 who, in turn, forwarded the same to the respondent no.4 but the petitioner's pension case was returned back to the respondent no.5 by a memo dated 16th January, 2013 observing, inter alia, that no benefit of family pension has yet been extended to unmarried daughters of teachers who retired or died-in-harness prior to 1st April, 1981. In the said memo it was also observed that the issue in question is under consideration of the government.

(3.) Mr. Dutta, learned advocate appearing for the petitioner submits that Atul, who retired prior to 1st April, 1981, i.e., the date from which the DCRB Scheme came into effect, was extended the benefits of the DCRB Scheme in terms of the government order dated 15th June, 1990 on the same terms and conditions and accordingly he got the benefits as extended to teachers, who retired after coming into effect of the DCRB Scheme. Accordingly, after the death of Atul, the benefits of family pension in terms of para 26(a) of the DCRB Scheme, were extended to his widow, who enjoyed the same till her death on 5th March, 2011. There can be no denial of the fact that an unmarried daughter of a deceased teacher is entitled to the benefits of family pension in terms of para 26(c) of the DCRB Scheme. As the petitioner's father was brought under the purview of the DCRB Scheme, the petitioner automatically became entitled to the benefits of family pension in terms of the DCRB Scheme after the demise of her mother. The respondents have withheld the benefits of family pension of the petitioner misconstruing the provisions of the DCRB Scheme and the contents of the government order dated 1st November, 2010. In support of such arguments advanced, reliance has been placed upon the judgment delivered in the case of Indu Prava Ghosh -vs- State of West Bengal & Ors ., reported in 2010(1)CLJ(Cal)114 and an unreported order dated 28th October, 2014 passed in MAT 119 of 2014.